The Southeastern Reporter, Том 94West Publishing Company, 1918 |
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Страница 12
... taken , nor does it compel such party to use the testimony , but Revisal 1905 , § 867 , expressly allows the other party to use it . 5. WITNESSES 167 TRANSACTIONS WITH DECEASED PERSONS - EXAMINATION BEFORE TRIAL ADMISSIBILITY . Evidence ...
... taken , nor does it compel such party to use the testimony , but Revisal 1905 , § 867 , expressly allows the other party to use it . 5. WITNESSES 167 TRANSACTIONS WITH DECEASED PERSONS - EXAMINATION BEFORE TRIAL ADMISSIBILITY . Evidence ...
Страница 13
... taken at the instance of the adverse party . 11. DISCOVERY 79 - OBJECTIONS TO EVI- DENCE - EXAMINATIONS PRIOR TO TRIAL . Evidence taken by deposition or under Re- visal 1905 , § 865 , allowing examination of ad- verse parties before ...
... taken at the instance of the adverse party . 11. DISCOVERY 79 - OBJECTIONS TO EVI- DENCE - EXAMINATIONS PRIOR TO TRIAL . Evidence taken by deposition or under Re- visal 1905 , § 865 , allowing examination of ad- verse parties before ...
Страница 14
... taken and filed by the Judge , clerk or com- missioner , in like manner , and may be read by either party on the trial . " 15 If . therefore , M. M. Morgan had been living at the second trial , from which this appeal is taken , the ...
... taken and filed by the Judge , clerk or com- missioner , in like manner , and may be read by either party on the trial . " 15 If . therefore , M. M. Morgan had been living at the second trial , from which this appeal is taken , the ...
Страница 15
... taken , the testi- mony of the witness was competent . " It was held in Lear v . Smith , 6 Ky . Law Rep . 657 , that : " The deposition of a surviving party may be read in evidence upon the trial of an action , notwithstanding the death ...
... taken , the testi- mony of the witness was competent . " It was held in Lear v . Smith , 6 Ky . Law Rep . 657 , that : " The deposition of a surviving party may be read in evidence upon the trial of an action , notwithstanding the death ...
Страница 42
... taken out more than he ought , should then be ascertained , and the profits to be divided or the losses to be made good should be apportioned , ascertaining what each must pay to the others in order to settle all cross - claims , the ...
... taken out more than he ought , should then be ascertained , and the profits to be divided or the losses to be made good should be apportioned , ascertaining what each must pay to the others in order to settle all cross - claims , the ...
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action adverse possession alleged amended amount answer Appeals of Georgia authorized Baber Bank bill BLOODWORTH bond brings error BROYLES cause cause of action certiorari charge circuit court claim clerk Code commissioners complained concur contract Coun counsel Court of Appeals court of equity CRIMINAL LAW damages debt deceased decree deed deed of trust defendant in error defendant's demurrer dence duty Ella Trippe employé Error from Superior evidence facts fendant filed ground indictment injury instruction interpleader issue judge Judgment affirmed jury land lease liable lien Lumber mandamus ment motion negligence overruled paid parties payment person petition petitioner plaintiff in error pleadings possession purchase question reason refused Robeson county rule statute sufficient suit Superior Court Supreme Court Syllabus testator testified testimony therein thereof tiff tion tract trust verdict Virginia West Virginia witness writ
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Страница 179 - ... —Upon decreeing the dissolution of a marriage, and also upon decreeing a divorce, whether from the bond of matrimony or from bed and board...
Страница 35 - If a bankrupt shall have given a preference within four months before the filing of a petition, or after the filing of the petition and before the adjudication, and the person receiving it, or to be benefited thereby, or his agent acting therein, shall have had reasonable cause to believe that it was intended thereby to give a preference, it shall be voidable by the trustee, and he may recover the property or its value from such person.
Страница 89 - The expenses of litigation are not generally allowed as a part of the damages ; but if the defendant has acted in bad faith, or has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expense, the jury may allow them.
Страница 35 - ... transfer if by law recording or registering thereof is required, and being within four months before the filing of the petition in bankruptcy or after the filing thereof and...
Страница 344 - The conclusion to be deduced from the authorities is that where power is given to public officers, in the language of the act before us or in equivalent language, whenever the public interest or individual rights call for its exercise, the language used, though permissive in form, is in fact peremptory.
Страница 420 - ... nothing is better established than this principle, that money directed to be employed in the purchase of land, and land directed to be sold and turned into money, are to be considered as that species of property into which they are directed to be converted...
Страница 312 - The debt hereafter incurred by any county, municipal corporation or political division of this State, except as in this Constitution provided for, shall never exceed seven per centum of the assessed value of all the taxable property therein...
Страница 34 - ... procured or suffered a judgment to be entered against himself in favor of any person, or made a transfer of any of his property, and the effect of the enforcement of such judgment or transfer will be to enable any one of his creditors to obtain a greater percentage of his debt than any other of such, creditors of the same class.
Страница 242 - ... to any relative by blood or connection by marriage of the insured or beneficiary who is deemed by the insurer to be equitably entitled thereto.
Страница 407 - A party to an action may be examined as a witness, at the instance of the adverse party, or of any one of several adverse parties, and for that purpose may be compelled, in the same manner, and subject to the same rules of examination as any other witness, to testify, either at the trial, or conditionally, or upon commission.