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 12
... PLEADING ( 8 176 * ) - REPLY - SUFFICIENCY . A reply denying allegations of new mat- ter in an answer and counterclaim ... pleadings on the theory that the reply was so defective as to constitute no denial of the plea ; the plea being an ...
... PLEADING ( 8 176 * ) - REPLY - SUFFICIENCY . A reply denying allegations of new mat- ter in an answer and counterclaim ... pleadings on the theory that the reply was so defective as to constitute no denial of the plea ; the plea being an ...
Страница 35
... pleadings and the evidence upon behalf of the appellants , is whether R. J. Reed had the authority to bind the appellant Mrs. Wal- lace by the note in question , and whether the consideration for the note sued on arose from a ...
... pleadings and the evidence upon behalf of the appellants , is whether R. J. Reed had the authority to bind the appellant Mrs. Wal- lace by the note in question , and whether the consideration for the note sued on arose from a ...
Страница 37
... pleadings and cause of action in so far as it was sought to make the city of Houston a party defendant to said suit , which judgment of the court remains unreversed and in full force and effect . And this defendant further says that the ...
... pleadings and cause of action in so far as it was sought to make the city of Houston a party defendant to said suit , which judgment of the court remains unreversed and in full force and effect . And this defendant further says that the ...
Страница 46
... of Civil Appeals upon the pleadings Ex parte DRAKE . ( Court of Criminal Appeals of * For other cases see same topic and section NUMBER in Dec. & Am . Digs . 1907 to date , & Reporter Indexes 46 ( Tex . 116 SOUTHWESTERN REPORTER .
... of Civil Appeals upon the pleadings Ex parte DRAKE . ( Court of Criminal Appeals of * For other cases see same topic and section NUMBER in Dec. & Am . Digs . 1907 to date , & Reporter Indexes 46 ( Tex . 116 SOUTHWESTERN REPORTER .
Страница 72
... pleadings of the plaintiff in that it appears therefrom that it was plaintiff's duty , under his employment , to discover trains approaching Pearl street crossing , and that it is apparent from the pleadings that he did not discharge ...
... pleadings of the plaintiff in that it appears therefrom that it was plaintiff's duty , under his employment , to discover trains approaching Pearl street crossing , and that it is apparent from the pleadings that he did not discharge ...
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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.