Mississippi Reports ... Being Cases Argued and Decided in the Supreme Court of Mississippi, Volume 66E.W. Stephens Publishing Company, 1890 - Law reports, digests, etc |
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Results 1-5 of 86
Page xiii
... APPELLEE MAY NOT WAIVE TIME . After a case has been called on the docket , the appellee shall not be permitted to waive the time within which citation is re- quired to be served , nor to enter his appearance for trial of the cause at ...
... APPELLEE MAY NOT WAIVE TIME . After a case has been called on the docket , the appellee shall not be permitted to waive the time within which citation is re- quired to be served , nor to enter his appearance for trial of the cause at ...
Page 4
... appellee . It was , under the circumstances , the duty of the engineer to stop the train when he saw the animals near the track . The facts show that the engineer was running the " cannon - ball " train , and when within three hundred ...
... appellee . It was , under the circumstances , the duty of the engineer to stop the train when he saw the animals near the track . The facts show that the engineer was running the " cannon - ball " train , and when within three hundred ...
Page 5
... appellee to recover damages for the killing of three head of cattle by appellant's trains . The cattle were killed at different times and places . The testimony shows , without conflict , that the animals were not on the track until the ...
... appellee to recover damages for the killing of three head of cattle by appellant's trains . The cattle were killed at different times and places . The testimony shows , without conflict , that the animals were not on the track until the ...
Page 10
... appellee . The special plea filed by defendants raised all the questions now involved on this appeal , and as a demurrer was sustained to it , and defendants acquiesced in the judgment upon it , and neither on the motion for new trial ...
... appellee . The special plea filed by defendants raised all the questions now involved on this appeal , and as a demurrer was sustained to it , and defendants acquiesced in the judgment upon it , and neither on the motion for new trial ...
Page 23
... appellee is not entitled to compensation for improvements erected during the existence of the particular estate ... appellee . Brief for appellee . The lot was sold to the Oct. 1888. ] 23 STEWART v . MATHENY .
... appellee is not entitled to compensation for improvements erected during the existence of the particular estate ... appellee . Brief for appellee . The lot was sold to the Oct. 1888. ] 23 STEWART v . MATHENY .
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Common terms and phrases
53 Miss 64 Miss action agent alleged amendment appellee apply assignment attachment authorities bank bill bond Brief for appellant carrying concealed weapons cause chancery court charge circuit court claim commissioners complainant contract contributory negligence Copiah county counsel creditors damages debt deceased declaration decree deed defendant delivered the opinion demurrer dollars easement entitled error evidence execution exempt facts filed fraud garnishee Gattman held husband indictment injury instructions issue Judge judgment jurisdiction jury land landlord levee board liable lien ment mortgage motion negligence offense owner paid Panola county parties passengers payment person plaintiff plea plead possession proceedings proof purchaser railroad company reason receipt recover rent replevin Samuel Houston secure sold Statement statute statute of frauds street suit supersedeas bond sustained tax-title taxes tenant testimony tion train trial trust trust-deed verdict void WARREN COWAN witness
Popular passages
Page 31 - ... nor for omitting to state the time at which the offence was committed in any case where time is not of the essence of the offence, nor for stating the time imperfectly, nor for stating the offence to have been committed on a day subsequent to the finding of the indictment, or on an impossible day, or on a day that never happened...
Page 315 - The court therefore instructs the jury that, although they may believe, from the evidence, that the...
Page 291 - Further dividends shall be made in like manner as often as occasion requires; And after the third meeting of creditors no further meeting shall be called, unless ordered by the court. If at any time there shall be in the hands of the assignee any outstanding debts or other property, due or belonging to the estate, which...
Page 200 - It is a well settled rule, found in all the text-writers upon evidence, that a witness cannot be cross-examined as to any fact which is collateral and irrelevant to the issue, merely for the purpose of contradicting him by other evidence, if he should deny it, thereby to discredit his testimony.
Page 832 - The first section of the statute enacts "that all railway companies carrying passengers in their coaches in this state, shall provide equal but separate accommodations for the white, and colored races, by providing two or more passenger coaches for each passenger train, or by dividing the passenger coaches by a partition so as to secure separate accommodations: provided, that this section shall not be construed to apply to street railroads.
Page 237 - ... unless the agreement upon which such action shall be brought, or some memorandum or note thereof shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Page 292 - ... which cannot be collected and received by the assignee without unreasonable or inconvenient delay or expense, the assignee may, under the direction of the court, sell and assign such debts or other property in...
Page 666 - Congress to make express regulations is equivalent to indicating its will that the subject shall be left free ; that in the matter of interstate commerce the United States are but one country, and are and must be subject to one system of regulations, and not to a multitude of systems...
Page 52 - The principle seems to us to be that, in contracts in which the performance depends on the continued existence of a given person or thing, a condition is implied that the impossibility of performance arising from the perishing of the person or thing shall excuse the performance...
Page 270 - ... 1. There must have been a false representation or a concealment of material facts ; 2. The representation must have been made with knowledge of the facts; 3. The party to whom it was made must have been ignorant of the truth of the matter; 4. It must have been made with the intention that the other party should act upon it; 5. The other party must have been induced to act upon it": Bigelow on Estoppel, 3d ed., 484.