The Southwestern Reporter, 105. köideWest Publishing Company, 1908 |
From inside the book
Results 1-5 of 100
Page 2
... given an error of this kind , the Supreme Court of Connecticut in Gardner v . City of New London , 63 Conn . 267 , 28 Atl . 42 , ob- served that : " Time is often an important element in the identification of a given trans- action . For ...
... given an error of this kind , the Supreme Court of Connecticut in Gardner v . City of New London , 63 Conn . 267 , 28 Atl . 42 , ob- served that : " Time is often an important element in the identification of a given trans- action . For ...
Page 3
... given thereun- der should be liberally construed to effect the real legislative purpose expressed in the en- actment ... given on behalf of defendant , and , as it correctly defined a material issue , it should have been given . We find ...
... given thereun- der should be liberally construed to effect the real legislative purpose expressed in the en- actment ... given on behalf of defendant , and , as it correctly defined a material issue , it should have been given . We find ...
Page 9
... given case , and the danger is plain and ob- vious , the jurors might be at liberty to in- fer that rules to protect the employé were necessary , although they had no experience In the particular business , and although there was no ...
... given case , and the danger is plain and ob- vious , the jurors might be at liberty to in- fer that rules to protect the employé were necessary , although they had no experience In the particular business , and although there was no ...
Page 22
... given a peremptory instruction to find for defendant . " Of course , if plaintiff had gone upon the track in such close proximity to the train that he could not cross without be- ing struck , he should not have done so ; but he did not ...
... given a peremptory instruction to find for defendant . " Of course , if plaintiff had gone upon the track in such close proximity to the train that he could not cross without be- ing struck , he should not have done so ; but he did not ...
Page 27
... given to the jury , is well exemplified in two in- structions which we will quote ; the first be- ing one given on behalf of plaintiff , and the second one asked by defendant which the court refused to give . Plaintiff's instruction is ...
... given to the jury , is well exemplified in two in- structions which we will quote ; the first be- ing one given on behalf of plaintiff , and the second one asked by defendant which the court refused to give . Plaintiff's instruction is ...
Other editions - View all
Common terms and phrases
action adverse possession affirmed alleged Anderson county Appeal from Circuit Appeals of Kentucky appellant appellant's appellee Arkansas assessment attorney bank Bentonville Boyle county cause cause of action Cent charge circuit court claim contract corporation Court of Appeals deed defendant defendant's duty Emily Berry error evidence executed fact fendant filed H. C. Mathis held indictment injury instruction James McCulloch Judge judgment jury Kentucky land Law Rep liable lien liquor Louis ment Morris motion negligence Note.-For notes option law paid pany party payment pellant person petition plaintiff plaintiff in error pleaded proof purchase question Railroad Company reason recover remanded res adjudicata reversed rule statute suit testified testimony Texas thereof tion track tract trial court truss rods trust verdict wife witness
Popular passages
Page 436 - The court may, before, or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect...
Page 73 - ... which render It unconscientious for the holder of the legal title to retain and enjoy the beneficial interest, equity Impresses a constructive trust on the property thus acquired in favor of the one who is truly and equitably entitled to the same, although he may never perhaps have had any legal estate therein...
Page 360 - It is a most general rule that no allegation which is descriptive of the identity of that which is legally essential to the claim or charge can ever be rejected.
Page 183 - No indictment is insufficient, nor can the trial, judgment, or other proceedings thereon be affected, by reason of a defect or imperfection in matter of form, which does not tend to the prejudice of the substantial rights of the defendant, upon the merits.
Page 168 - The court Instructs the jury that If they shall believe from the evidence that the...
Page 306 - The court instructs the jury that if you believe and find from the evidence that...
Page 405 - ... by unauthorized persons; and to provide for the trial and punishment of violators of the provisions of this act by fine or imprisonment, or both; and to repeal all laws or parts of laws in conflict or inconsistent with this act.
Page 313 - Equity is founded on perfect truth " (c), and " when the owner of a trade mark applies for an injunction to restrain the defendant from injuring his property by making false representations to the public, it is essential that the plaintiff should not, in his...
Page 138 - Every law enacted by the Legislature shall embrace but one object, and that shall be expressed in the title ; and no law shall be revised or amended by reference to its title ; but in such case the act revised or section amended, shall be re-enacted and published at length.
Page 277 - ... said party of the first part, and the said party of the first part...