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 94
... INSTRUCTIONS - ASSUMPTION OF RISK - SERVANT'S KNOWLEDGE OF DANGER . An instruction that if a servant when he was employed knew the dangers incident to the employment and the extent thereof , or after- ward learned of them , or must have ...
... INSTRUCTIONS - ASSUMPTION OF RISK - SERVANT'S KNOWLEDGE OF DANGER . An instruction that if a servant when he was employed knew the dangers incident to the employment and the extent thereof , or after- ward learned of them , or must have ...
Страница 95
... INSTRUCTIONS SUFFI- CIENCY - PRESENTATION OF ISSUES - PRESEN- TATION IN SAME INSTRUCTION . - It is not error not to present all of the is- sues in the same section of the court's charge , this being generally impossible . [ Ed . Note ...
... INSTRUCTIONS SUFFI- CIENCY - PRESENTATION OF ISSUES - PRESEN- TATION IN SAME INSTRUCTION . - It is not error not to present all of the is- sues in the same section of the court's charge , this being generally impossible . [ Ed . Note ...
Страница 100
... INSTRUCTIONS . In an action for damages caused by , and to enjoin , a public nuisance resulting from the maintenance of a dam , an instruction that be- fore plaintiff could recover the jury must find that the dam caused sewage , etc ...
... INSTRUCTIONS . In an action for damages caused by , and to enjoin , a public nuisance resulting from the maintenance of a dam , an instruction that be- fore plaintiff could recover the jury must find that the dam caused sewage , etc ...
Страница 150
... INSTRUCTIONS . In a suit by the buyers of a piano to re- scind for breach of warranty , the seller cannot complain that an instruction that a verdict for plaintiff should be for the sum paid and can- cellation of the notes given was ...
... INSTRUCTIONS . In a suit by the buyers of a piano to re- scind for breach of warranty , the seller cannot complain that an instruction that a verdict for plaintiff should be for the sum paid and can- cellation of the notes given was ...
Страница 189
... instruction to the effect that if the defendant J. M. Westmoreland was present and assisted his brother in mak- ing the deed to the plaintiff , with the knowl- edge that the lands were being conveyed thereby , and did not assert an ...
... instruction to the effect that if the defendant J. M. Westmoreland was present and assisted his brother in mak- ing the deed to the plaintiff , with the knowl- edge that the lands were being conveyed thereby , and did not assert an ...
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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.