The South Western Reporter, Том 91West Publishing Company, 1906 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 16
... pleadings in the cause in which same was rendered . That was a suit brought by J. M. Davis , W. H. Eagle , and Max Frolich , trustees , against the railway company and J. N. Wooley to foreclose a mortgage on all the property of that ...
... pleadings in the cause in which same was rendered . That was a suit brought by J. M. Davis , W. H. Eagle , and Max Frolich , trustees , against the railway company and J. N. Wooley to foreclose a mortgage on all the property of that ...
Страница 27
... PLEADINGS . A decree ordering sale of the land and timber and division of the proceeds is not au- thorized by the pleadings in a suit by the grant- ees of land against the grantees of the standing timber to quiet title to the premises ...
... PLEADINGS . A decree ordering sale of the land and timber and division of the proceeds is not au- thorized by the pleadings in a suit by the grant- ees of land against the grantees of the standing timber to quiet title to the premises ...
Страница 39
... pleading the statute of limitations . At the hearing of the demurrer , the plaintiff admitted that there had been no ... pleadings that the defendant had been in possession of the property for more than three years , and that there had ...
... pleading the statute of limitations . At the hearing of the demurrer , the plaintiff admitted that there had been no ... pleadings that the defendant had been in possession of the property for more than three years , and that there had ...
Страница 40
... pleading when the statute has been pleaded by the defendant , the plaintiff , if he relies upon matters in avoidance ... pleadings , when the statute is set up by the answer , it being neither a set- off nor a counterclaim , no reply is ...
... pleading when the statute has been pleaded by the defendant , the plaintiff , if he relies upon matters in avoidance ... pleadings , when the statute is set up by the answer , it being neither a set- off nor a counterclaim , no reply is ...
Страница 51
... pleading , after stat- ing complainant's version of the facts , pro- ceeds : " Complainant is advised that he has ... pleadings and the facts found . Our cases establish the following princi- ples upon the general subject to which the ...
... pleading , after stat- ing complainant's version of the facts , pro- ceeds : " Complainant is advised that he has ... pleadings and the facts found . Our cases establish the following princi- ples upon the general subject to which the ...
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Чести термини и фразе
adverse possession affirmed alleged answer Appeal from Circuit appellant appellant's appellee appellee's assignment of error cattle cause of action Cent chancery court charge Circuit Court claim complained Compton Heights contract contributory negligence county court court of equity damages deceased decree deed of trust defendant's demurrer dence entitled evidence executed facts favor feet fendant filed grant Harris county held husband injuries instruction issue Judge judgment jury Kittlaus land lien Louis ment misjoinder Missouri mortgage motion motorman negligence Note.-For owner paid parties patent pellant person petition plain plaintiff plaintiff in error pleadings possession purchase question quitclaim deed Railway Company reason record recover refused rendered rents reversed rule sold statute suit Supreme Court testified testimony Texas thereof tiff tion trial court verdict wife witness
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Страница 419 - Be it therefore enacted, that whensoever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...
Страница 208 - That all levies, judgments, attachments, or other liens, obtained through legal proceedings against a person who is insolvent, at any time within four months prior to the filing of a petition in bankruptcy against him, shall be deemed null and void in case he is adjudged a bankrupt...
Страница 132 - The discretion of a judge is the law of tyrants: it is always unknown ; it is different in different men; it is casual, and depends upon constitution, temper, and passion. In the best, it is oftentimes caprice ; in the worst, it is every vice, folly, and passion to which human nature is liable.
Страница 246 - Contract, then this obligation shall be null and void ; otherwise it shall remain in full force and effect.
Страница 39 - The objection, that the action was not commenced within the time limited, can be taken only by answer.
Страница 390 - January eighteen hundred and thirty-eight, and until others shall be elected and qualified; and thereafter th'ey shall hold their offices for two years, and until their successors shall be elected and qualified.
Страница 295 - No person or persons, belonging to one of these departments, shall exercise any of the powers properly belonging to either of the others, except in the cases herein expressly directed or permitted.
Страница 199 - Denman, in disposing of the motion for a rule nisi made by the defendant for a new trial on the ground of misdirection and that the verdict was against the evidence, said " that upon the facts established the question of negligence was strictly within the province of a jury...
Страница 208 - ... shall, on due notice, order that the right under such levy, judgment, attachment, or other lien shall be preserved for the benefit of the estate; and thereupon the same may pass to and shall be preserved by the trustee for the benefit of the estate as aforesaid. And the court may order such conveyance as shall be necessary to carry the purposes of this section into effect...
Страница 62 - The evidence, consisting as it does in the mere repetition of oral statements, is subject to much imperfection and mistake; the party himself being misinformed, or not having clearly expressed his own meaning, or the witness having misunderstood him. It frequently happens, also...