The South Western Reporter, Том 35West Publishing Company, 1896 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 11
... fact could have been established that the war- rants were paid , and subsequently lost , he could not have been held liable to the county therefor . Hence the payment by him to the county without asserting his right to the credits which ...
... fact could have been established that the war- rants were paid , and subsequently lost , he could not have been held liable to the county therefor . Hence the payment by him to the county without asserting his right to the credits which ...
Страница 13
... facts excepted to were plead in other parts of the answer , and evidence in support thereof was introduced by appellant ... fact of a subsequent withdrawal by amend- ment would not . It is for the jury , and not the court , to determine ...
... facts excepted to were plead in other parts of the answer , and evidence in support thereof was introduced by appellant ... fact of a subsequent withdrawal by amend- ment would not . It is for the jury , and not the court , to determine ...
Страница 15
... facts , the judgment ought to be affirmed . HUNTER , J. ( dissenting ) . In this case I find myself constrained to dissent from my broth- ers in their conclusions of fact , as well as of law , and my reasons are as follows : On July 20 ...
... facts , the judgment ought to be affirmed . HUNTER , J. ( dissenting ) . In this case I find myself constrained to dissent from my broth- ers in their conclusions of fact , as well as of law , and my reasons are as follows : On July 20 ...
Страница 16
... fact , that no fraudulent misrepresentations or promises whatever were made to appellant to obtain either the original notes or the note sued on , without usurping all the functions of the jury . This conclusion assumes as proven the ...
... fact , that no fraudulent misrepresentations or promises whatever were made to appellant to obtain either the original notes or the note sued on , without usurping all the functions of the jury . This conclusion assumes as proven the ...
Страница 22
... fact that boys were upon the platform in close prox- imity to the depot , and the fact that the agent did not testify , were circumstances from which the jury might have inferred that he saw the boys upon the platform . The fifth and ...
... fact that boys were upon the platform in close prox- imity to the depot , and the fact that the agent did not testify , were circumstances from which the jury might have inferred that he saw the boys upon the platform . The fifth and ...
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Чести термини и фразе
acres action affidavit affirmed agent alleged Appeal from district Appeals of Texas appellant appellant's appellee April April 22 bill of exceptions bond cause charge circuit court Civil Appeals claim Clay county complained conclusions of fact contract corporation county court Court of Civil Dallas county damages debt deceased deed defendant defendant's district court duty Earbee evidence executed fact fendant filed Grayson county Harris county held Hillia homestead Hunt county indictment injury instruction Judge judgment jury land liable lien Louise Hardie ment Montague county mortgage motion negligence option law paid parties payment pellant petition plaintiff plaintiff in error pleadings purchase question Railway reason record recover rendered reversed rule statute sued suit supreme court testified testimony thereof tiff tion track tract train trial trust usury verdict wife witness writ
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Страница 71 - ... this insurance, as to the interest of the mortgagee (or trustee) only therein, shall not be invalidated by any act or neglect of the mortgagor or owner...
Страница 430 - Company shall have power to waive any provision or condition of this Policy except such as by the terms of this Policy may be the subject of agreement indorsed hereon or added hereto, and as to such provisions and conditions no officer, agent, or representative shall have such power or be deemed or held to have waived such provisions or conditions unless such waiver, if any, shall be written upon or attached hereto, nor shall any privilege or permission affecting the insurance under this Policy exist...
Страница 207 - All property, both real and personal, of the wife, owned or claimed by her before marriage, and that acquired afterward by gift, devise, or descent, shall be her separate property, and laws shall be passed more clearly defining the rights of the wife in relation as well to her separate property as to that held in common with her husband. Laws shall also be passed providing for the registration of the wife's separate property.
Страница 71 - It is furthermore hereby provided and mutually agreed, that no suit or action against this company, for the recovery of any claim by virtue of this policy, shall be sustainable in any Court of Law or Chancery until after an award shall have been obtained fixing the amount of such claim in the manner above provided...
Страница 254 - Negligence of the company's employes in these particulars was no excuse for negligence on her part. She was bound to listen and to look, before attempting to cross the railroad track, in order to avoid an approaching train, and not to walk carelessly into the place of possible danger.
Страница 71 - Company shall, to the extent of such payment, be thereupon legally subrogated to all the rights of the party to whom such payment shall be made, under all securities held as collateral to the mortgage debt...
Страница 254 - ... see the train which was coming. If she omitted to use them, and walked thoughtlessly upon the track, she was guilty of culpable negligence, and so far contributed to her injuries as to deprive her of any right to complain of others. If, using them, she saw the train...
Страница 239 - When any of the matters enumerated in section forty, do not appear upon the face of the complaint, the objection may be taken by answer.
Страница 151 - Ohio ; and all prosecutions shall be carried on in the name and by the authority of the state of Ohio ; and all indictments shall conclude against the peace and dignity of the same.
Страница 27 - ... whether intended for occupancy by owner or tenant, be or become vacant or unoccupied and so remain for ten days...