The South Western Reporter, Том 116West Publishing Company, 1909 Includes the decisions of the Supreme Courts of Missouri, Arkansas, Tennessee, and Texas, and Court of Appeals of Kentucky; Aug./Dec. 1886-May/Aug. 1892, Court of Appeals of Texas; Aug. 1892/Feb. 1893-Jan./Feb. 1928, Courts of Civil and Criminal Appeals of Texas; Apr./June 1896-Aug./Nov. 1907, Court of Appeals of Indian Territory; May/June 1927-Jan./Feb. 1928, Courts of Appeals of Missouri and Commission of Appeals of Texas. |
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Страница 6
... affirmed . All con- cur . STATE v . HOVIS . been threatened with great bodily harm or had good reason to carry the ... Affirmed . The defendant was proceeded against on information for carrying concealed upon and about his person a ...
... affirmed . All con- cur . STATE v . HOVIS . been threatened with great bodily harm or had good reason to carry the ... Affirmed . The defendant was proceeded against on information for carrying concealed upon and about his person a ...
Страница 48
... Affirmed . Miller & Royall , for appellant . F. J. Mc- Cord , Asst . Atty . Gen. , for the State . BROOKS , J. Appellant was convicted of assault with intent to murder , and his punish- ment assessed at two years ' confinement in the ...
... Affirmed . Miller & Royall , for appellant . F. J. Mc- Cord , Asst . Atty . Gen. , for the State . BROOKS , J. Appellant was convicted of assault with intent to murder , and his punish- ment assessed at two years ' confinement in the ...
Страница 56
... Affirmed . • it would simply cause him trouble . Appel- could. 3. CRIMINAL LAW ( § 1090 * ) - RESERVATION OF GROUNDS OF REVIEW - NECESSITY OF EX- CEPTIONS - REVIEW OF INSTRUCTIONS . A criticism of the court's charge , not point- ed out ...
... Affirmed . • it would simply cause him trouble . Appel- could. 3. CRIMINAL LAW ( § 1090 * ) - RESERVATION OF GROUNDS OF REVIEW - NECESSITY OF EX- CEPTIONS - REVIEW OF INSTRUCTIONS . A criticism of the court's charge , not point- ed out ...
Страница 74
... affirmed . Affirmed . On Rehearing . On further examination and analysis of the definition of contributory negligence as con- tained in the charge , we have concluded that the definition is inaccurate . We do not think , however , that ...
... affirmed . Affirmed . On Rehearing . On further examination and analysis of the definition of contributory negligence as con- tained in the charge , we have concluded that the definition is inaccurate . We do not think , however , that ...
Страница 80
... affirmed , and it has been so ordered . Affirmed . FERRIS PRESS BRICK CO . v . HAWKINS . ( Court of Civil Appeals of Texas . Feb. 6 , 1909. ) 1. APPEAL AND ERROR ( § 571 * ) — SUBJECTS OF RELIEF JUDICIAL ACTS PREPARATION OF STATEMENT OF ...
... affirmed , and it has been so ordered . Affirmed . FERRIS PRESS BRICK CO . v . HAWKINS . ( Court of Civil Appeals of Texas . Feb. 6 , 1909. ) 1. APPEAL AND ERROR ( § 571 * ) — SUBJECTS OF RELIEF JUDICIAL ACTS PREPARATION OF STATEMENT OF ...
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action adverse possession affirmed agent alleged amount answer APPEAL AND ERROR Appeal from Circuit appellant appellant's appellee assignment bank Caddo Mills cause Cent charge circuit court Civil Appeals claim contract contributory negligence county court Court of Civil damages debt deceased deed defendant defendant's dence duty engine evidence executed fact favor fendant filed garnishee Hays county held Hunt county husband injury instruction issue judge jury land liable lien Louis Southwestern Railway Mary Belle MASTER AND SERVANT matter ment Missouri negligence Note Note.-For overruled paid party wall patent payment pellant person petition plaintiff in error pleadings purchase question railroad Railway Company reason record recover refused statement statute street suit taxes testified testimony Texas tiff tion track tract train trust try title verdict wife witness
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Страница 233 - This company shall not be liable for loss caused directly or indirectly by invasion, insurrection, riot, civil war or commotion, or military or usurped power, or by order of any civil authority ; or by theft ; or by neglect of the insured to use all reasonable means to save and preserve the property at and after a fire, or when the property is endangered by fire in...
Страница 35 - 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 227 - Our criminal code defines an assault to be "an unlawful attempt, coupled with a present ability, to commit a violent injury upon the person of another.
Страница 294 - On these facts the court instructed the jury as follows : "(1) The court instructs the jury that if they believe from the evidence that the plaintiff, Lula Warford, engaged the professional services of Dr.
Страница 358 - It belongeth to synods and councils, ministerially, to determine controversies of faith, and cases of conscience; to set down rules and directions for the better ordering of the public worship of God, and government of his Church; to receive complaints in cases of maladministration, and authoritatively to determine the same...
Страница 318 - ... him by the person for whom the work is done, without being subject to the orders of the latter in respect to the details of the work, is an independent contractor, and not a servant.
Страница 192 - ... the plaintiff must recover upon the strength of his own title and not upon the weakness of that of the defendant...
Страница 231 - ... warren, or liberty; or do any other unlawful act with force and violence; or even do a lawful act, as removing a nuisance, in a violent and tumultuous manner.
Страница 310 - ... but other officers of towns or cities shall be elected by the qualified voters therein, or appointed by the local authorities thereof, as the General Assembly may, by a general law, provide; but when elected by the voters of a town or city, their terms of office shall be four years, and until their successors shall be qualified.
Страница 79 - When a particular provision of a statute relates to some immaterial matter, as to which compliance with the statute is a matter of convenience rather than substance, or where the directions of a statute are given merely with a view to the proper, orderly, and prompt conduct of business, the provision may generally be regarded as directory.