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 29
... proper , under a general prayer , upon the pleadings and proof in the case . The decree doubtless commended itself to the court as the quickest and best method of winding up the troublesome controversy be- tween the parties litigant ...
... proper , under a general prayer , upon the pleadings and proof in the case . The decree doubtless commended itself to the court as the quickest and best method of winding up the troublesome controversy be- tween the parties litigant ...
Страница 65
... proper under the rul- ing of this court in Railroad v . Donovan , 149 Mo. 93 , 50 S. W. 286 , and Railroad v . Shoemaker , 160 Mo. 425 , 61 S. W. 205 . In Railroad v . McGrew , supra , the trial court instructed the jury , among other ...
... proper under the rul- ing of this court in Railroad v . Donovan , 149 Mo. 93 , 50 S. W. 286 , and Railroad v . Shoemaker , 160 Mo. 425 , 61 S. W. 205 . In Railroad v . McGrew , supra , the trial court instructed the jury , among other ...
Страница 68
... proper , and objections to the competency of evidence cannot be considered . [ Ed . Note . - For cases in point , see vol . 2 , Cent . Dig . Appeal and Error , §§ 1759-1763 . ] 2. REFORMATION OF INSTRUMENTS - POWERS OF COURT . Equity ...
... proper , and objections to the competency of evidence cannot be considered . [ Ed . Note . - For cases in point , see vol . 2 , Cent . Dig . Appeal and Error , §§ 1759-1763 . ] 2. REFORMATION OF INSTRUMENTS - POWERS OF COURT . Equity ...
Страница 99
... proper and the question whether , under the issues , the plaintiff made out a prima facie case . 2. SAME FINDINGS . The conclusiveness on appeal of findings.or conclusions of fact supported by the evidence in an action at law is not ...
... proper and the question whether , under the issues , the plaintiff made out a prima facie case . 2. SAME FINDINGS . The conclusiveness on appeal of findings.or conclusions of fact supported by the evidence in an action at law is not ...
Страница 101
... proper steps the plaintiff appealed . The plaintiff has filed no abstract of the record whatever . In what purports to be the abstract only the pleadings , the findings of fact , the judgment , the filing of the bill of exceptions , a ...
... proper steps the plaintiff appealed . The plaintiff has filed no abstract of the record whatever . In what purports to be the abstract only the pleadings , the findings of fact , the judgment , the filing of the bill of exceptions , a ...
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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...