The Southwestern Reporter, Том 6West Publishing Company, 1888 |
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Страница 36
... Defendant , after the homicide , remained in the vicinity from 10 A. M. during the day , and at night went to his house and went to bed . Held , that from the fact of want of motive , no former threats , no ex- press malice , and all ...
... Defendant , after the homicide , remained in the vicinity from 10 A. M. during the day , and at night went to his house and went to bed . Held , that from the fact of want of motive , no former threats , no ex- press malice , and all ...
Страница 37
... defendant is acquitted on the ground of insanity , the jury shall so state it in their verdict . " Code Crim . Proc . art . 722. We think this provision is directory merely , and that , while it would be proper and right for the court ...
... defendant is acquitted on the ground of insanity , the jury shall so state it in their verdict . " Code Crim . Proc . art . 722. We think this provision is directory merely , and that , while it would be proper and right for the court ...
Страница 38
... defendant was " going crazy , " and to establish his assertion , he ordered the defendant to bring him a rail . Defend- ant stood with his head down , and paid no attention to the order . After a while deceased said to him , " Green , I ...
... defendant was " going crazy , " and to establish his assertion , he ordered the defendant to bring him a rail . Defend- ant stood with his head down , and paid no attention to the order . After a while deceased said to him , " Green , I ...
Страница 43
... Defendant was indicted for rape , and convicted of an aggravated assault . On the trial the evidence negatived intercourse as charged . The court instructed the jury that , if defendant had carnal knowledge of the prosecuting witness ...
... Defendant was indicted for rape , and convicted of an aggravated assault . On the trial the evidence negatived intercourse as charged . The court instructed the jury that , if defendant had carnal knowledge of the prosecuting witness ...
Страница 73
... defendant failed and refused to lay any such assessment , nor that , having laid one , and collected it , it failed and re- fused to pay the same to plaintiff . For lack of these averments the petition is defective . Curtis v . Life Co ...
... defendant failed and refused to lay any such assessment , nor that , having laid one , and collected it , it failed and re- fused to pay the same to plaintiff . For lack of these averments the petition is defective . Curtis v . Life Co ...
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acres action affidavit Albea alleged Appeal from circuit appellant appellee assignment attorney authority bank bond cause certificates charge circuit court claim constitution contract conviction county court Court of Appeals court of equity creditors damages debt deceased December 19 deed of trust defendant defendant's demurrer district court election Ellis county error Ethen evidence execution facts fendant filed Hanrick held indictment intent issue judge judgment juror land legislature liable lien liquors Louis McLennan county ment Missouri motion negligence opinion overruled owner paid parties payment person petition plaintiff plaintiff in error pleadings possession proof prosecution purchase question Railroad reason record recover refused rendered rule S. W. Rep sheriff's deed sold statute Stroud suit Supreme Court testator testified testimony thereof tion trial try title varas verdict vote witness writ
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Страница 482 - ... the people, given by themselves or their deputies. And this properly concerns only such governments where the legislative is always in being, or at least where the people have not reserved any part of the legislative to deputies, to be from time to time chosen by themselves.
Страница 80 - ... where the true owner holds out another, or allows him to appear, as the owner of, or as having full power of disposition over the property, and innocent third parties are thus led into dealing with such apparent owner, they will be protected. Their rights in such cases do not depend upon the actual title or authority of the party with whom they deal directly, but are derived from the act of the real owner, which precludes him from disputing, as against them, the existence of the title or power...
Страница 499 - Without entering at large upon the discussion of what is here meant by a - local or special law,' it is sufficient to say that a statute which relates to persons or things as a class is a general law, while a statute which relates to particular persons or things of a class is special and comes within the constitutional prohibition.
Страница 464 - ... the jury may give such damages as they shall deem a fair and just compensation, not exceeding five thousand dollars, with reference to the pecuniary injuries resulting from such death to the wife and next of kin of such deceased person...
Страница 398 - All of the following elements must be present in order to an estoppel by conduct: (1) There must have been a representation or concealment of material facts; (2) the representation must have been made with knowledge of the facts; (3) the party to whom it was made must have been ignorant of the truth of the matter; (4) it must have been made with the intention that the other party should act upon it; (5) the other party must have been induced to act upon it.
Страница 402 - The Legislature shall have no power to suspend any general law for the benefit of any particular individual, nor to pass any law for the benefit of individuals, inconsistent with the general laws of the land ; nor to pass any law granting to any individual or individuals, rights, privileges, immunities, or exemptions, other than such as may be, by the same law, extended to any member of the community who may be able to bring himself within the provisions of such law.
Страница 161 - And if they are so mutually connected with and dependent on each other, as conditions, considerations or compensations for each other, as to warrant the belief that the legislature intended them as a whole, and if all could not be carried into effect the legislature would not pass the residue independently...
Страница 450 - An adjudication is final and conclusive not only as to the matter actually determined, but as to every other matter which the parties might have litigated and have had decided as incident to or essentially connected with the subject-matter of the litigation, and every matter coming within the legitimate purview of the original action, both in respect to matters of claim and of defense.
Страница 374 - The provisions of all laws which are inconsistent with this Constitution shall cease upon its adoption, except that all laws which are inconsistent with such provisions of this Constitution as require legislation to enforce them, shall remain in force until the first day of July, one thousand eight hundred and seventy-seven, unless sooner amended or repealed by the General Assembly.
Страница 278 - Rights and privileges arising from contracts with a state are subject to regulations for the protection of the public health, the public morals, and the public safety in the same sense and to the same extent as are all contracts and all property, whether owned by natural persons or corporations.