The Southwestern Reporter, 207. köideWest Publishing Company, 1919 |
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Page 52
... trial , but should also show facts from which ers . Some were given as asked , others were it will appear that he could not have ascer- modified and given , and others were refus- | tained or obtained it by reasonable diligence . ed ...
... trial , but should also show facts from which ers . Some were given as asked , others were it will appear that he could not have ascer- modified and given , and others were refus- | tained or obtained it by reasonable diligence . ed ...
Page 99
... trial was that he had bought the spark plugs found in his possession , and that he had bought the four Mechelin tires in his possession from a person who brought them to his place of business . The state introduced proof of his ...
... trial was that he had bought the spark plugs found in his possession , and that he had bought the four Mechelin tires in his possession from a person who brought them to his place of business . The state introduced proof of his ...
Page 135
... trial amendment , the allegations whereof are contradictory of and repugnant to the allegations of the petition of which it is made a part , is vulnerable to exception . The counter propositions of the defendants in error are , in ...
... trial amendment , the allegations whereof are contradictory of and repugnant to the allegations of the petition of which it is made a part , is vulnerable to exception . The counter propositions of the defendants in error are , in ...
Page 138
... trial execute his own note to the bank , which not 、 amendment of defendants in error were con- of Ferguson had not been paid and was past tradictory of and repugnant to the distinctly due at the time of the trial of the case ir ...
... trial execute his own note to the bank , which not 、 amendment of defendants in error were con- of Ferguson had not been paid and was past tradictory of and repugnant to the distinctly due at the time of the trial of the case ir ...
Page 150
... trial , but not the whereabouts of the witness , and no continuance or postpone- ment was requested , new trial on the ground of newly discovered evidence was properly re- fused , although great effort was made to find the witness ...
... trial , but not the whereabouts of the witness , and no continuance or postpone- ment was requested , new trial on the ground of newly discovered evidence was properly re- fused , although great effort was made to find the witness ...
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Common terms and phrases
acres adverse possession affirmed agent alleged amount appellant appellant's appellee assignment attorney authority bank bond Braunfels cause of action charge Circuit Court Civil Appeals claim coal Constitution contract corporation Costley Court of Civil damages decree deed defendant's demurrer Digests and Indexes district evidence facts favor fendant filed George Stiles held injury instruction issue Judge judgment jury Key-Numbered Digests land Legislature liability lien Louis ment Missouri mortgage motion Mugler negligence opinion option law overruled paid parties payment person petition plaintiff in error pleadings premium purchase question railroad Railway Ray county reason record recover refused Rehearing rendered reversible error rule statute suit supra Supreme Court sustained testified testimony thereof tiff tion topic and KEY-NUMBER tract trial court verdict wife witness
Popular passages
Page 254 - There must be reasonable evidence of negligence; but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care.
Page 10 - To constitute notice of an infirmity in the instrument or defect in the title of the person negotiating the same, the person to whom it is negotiated must have had actual knowledge of the infirmity or defect, or knowledge of such facts that his action in taking the instrument amounted to bad faith.
Page 109 - Rights" is excepted out of the general powers of government, and shall forever remain inviolate, and all laws contrary thereto, or to the following provisions, shall be void.
Page 473 - That every Will made by a Man or Woman shall be revoked by his or her Marriage (except a Will made in exercise of a Power of Appointment, when the Real or Personal Estate thereby appointed would not in default of such Appointment pass to his or her Heir, Customary Heir, Executor, or Administrator, or the Person entitled as his or her next of Kin, under the Statute of Distributions) . XIX.
Page 45 - Copies of such appointment, certified by said commissioner, shall be deemed sufficient evidence thereof and shall be admitted in evidence with the same force and effect as the original thereof might be admitted.
Page 473 - AND be it further enacted, that no will or codicil, or any part thereof, which shall be in any manner revoked, shall be revived otherwise than by the re-execution thereof, or by a codicil executed in manner herein-before required and showing an intention to revive the same...
Page 151 - Furthermore, in view of other instructions, which specifically directed the jury that the burden of proof was upon the plaintiff to establish a want of ordinary care, there is no room for the belief that the jury could have been misled.
Page 153 - The power of courts to declare a contract void for being in contravention of sound public policy is a very delicate and undefined power, and, like the power to declare a statute unconstitutional, should be exercised only in cases free from doubt.
Page 346 - ... nor shall any such company or any officer, agent, solicitor or representative thereof, pay, allow or give, or offer to pay, allow or give, directly or indirectly as inducement to insurance, any rebate of premium payable on the policy, or any special favor or advantage in the dividends or other benefits to accrue thereon, or any paid employment or contract for services of any kind or any valuable consideration or inducement whatever not specified in the policy contract of insurance...
Page 23 - June all declarations or creations of trusts or confidences of any lands, tenements or hereditaments, shall be manifested and proved by some writing signed by the party who is by law enabled to declare such trust, or by his last will in writing, or else they shall be utterly void and of none effect.