The South Western Reporter, Volume 125West Publishing Company, 1910 - Law reports, digests, etc 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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Page 23
... follows : J. H. Harrington , the alleged owner of the prop- erty , testified that he lived at Foss , in the state of Oklahoma , some 70 miles from Wheeler county , and was engaged in farming and stock raising ; that in June , 1908 , he ...
... follows : J. H. Harrington , the alleged owner of the prop- erty , testified that he lived at Foss , in the state of Oklahoma , some 70 miles from Wheeler county , and was engaged in farming and stock raising ; that in June , 1908 , he ...
Page 35
... follows the charge on circumstantial evidence . We are of opinion , however , that circumstantial evi- dence is not ... follow- ing charges : ( 1 ) " Express malice , as herein used , is when a person with cool and sedate ( Court of ...
... follows the charge on circumstantial evidence . We are of opinion , however , that circumstantial evi- dence is not ... follow- ing charges : ( 1 ) " Express malice , as herein used , is when a person with cool and sedate ( Court of ...
Page 37
... follows : " Now , if you believe from the evidence beyond a reasonable doubt that the defendants , J. R. Maloney and W. H. Horton , or either or both of them , did on or about the 8th day of March , A. D. 1909 , in the county of Grimes ...
... follows : " Now , if you believe from the evidence beyond a reasonable doubt that the defendants , J. R. Maloney and W. H. Horton , or either or both of them , did on or about the 8th day of March , A. D. 1909 , in the county of Grimes ...
Page 38
... follows : " You are instructed that if , on or about the date alleged in the indict- ment , the defendant had in his possession a quart of intoxicating liquor , which he had theretofore purchased for another person , and had paid $ 1 ...
... follows : " You are instructed that if , on or about the date alleged in the indict- ment , the defendant had in his possession a quart of intoxicating liquor , which he had theretofore purchased for another person , and had paid $ 1 ...
Page 58
... follows : ( 1 ) That the petition fails to allege that defendants had or kept on hand any whisky unclaimed for seven days or more , and fails to allege any viola- tion of law growing out of the statute at- tempted to be invoked in this ...
... follows : ( 1 ) That the petition fails to allege that defendants had or kept on hand any whisky unclaimed for seven days or more , and fails to allege any viola- tion of law growing out of the statute at- tempted to be invoked in this ...
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Common terms and phrases
action adverse possession affirmed alleged Appeal and Error Appeal from Circuit Appeals of Texas appellant appellant's appellee assignment cause Cent charge circuit court Civil Appeals claim contract contributory negligence conviction corporation county court Court of Civil CRIMINAL LAW damages deed defective defendant defendant's demurrer dence District Court Donnell duty engine evidence facts fendant filed Glen Rose guilty Haskell county held indictment injury instruction issue Judge judgment jury land Law Rep lien liquors MASTER AND SERVANT ment Missouri negligence Note Note.-For option law owner paid parties payment pellant person petition plaintiff plaintiff in error pleaded purchaser question railroad Railway reason recover refused remanded reversed rule statute suit Taney County testified testimony thereof tiff tion track tract train verdict whisky wife witness
Popular passages
Page 4 - 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 154 - A person operating a motor vehicle shall, at request or on signal by putting up the hand, from a person riding, leading or driving a restive horse or horses, or other draft animals, bring such motor vehicle immediately to a stop, and, if traveling in the opposite direction, remain stationary so long as may be reasonable to allow such horse or animal...
Page 397 - Code provides that a conviction cannot be had upon the testimony of an accomplice unless it be corroborated by such other evidence as shall tend to connect the defendant with the commission of the offense, and the corroboration is not sufficient if it merely shows the commission of the offense or the circumstances thereof...
Page 223 - What constitutes a holder in due course. — A holder in due course is a holder who has taken the instrument under the following conditions: (1) That it is complete and regular upon its face. (2) That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact. (3) That he took it in good faith and for value. (4) That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title...
Page 242 - The court must, in every stage of an action, disregard any error or defect, in the pleadings or proceedings, which does not affect the substantial rights of the adverse party; and no judgment can be reversed or affected by reason of such error or defect.
Page 161 - Municipal and other corporations and individuals invested with the privilege of taking private property for public use shall make just compensation for property taken, injured or destroyed by the construction or enlargement of their works, highways or improvements, which compensation shall be paid or secured before such taking, injury or destruction.
Page 417 - the indictment must contain: (1) the title of the prosecution, specifying the name of the court, in which the indictment is presented, and the names of the parties; (2) a statement of the acts constituting the offense, in ordinary and concise language, and in such a manner as to enable a person of common understanding to know what is intended...
Page 417 - 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 154 - ... to pass, and if traveling in the same direction, use reasonable caution in thereafter passing such horse or animal; provided that, in case such horse or animal appears badly frightened or the person operating such motor vehicle is...
Page 439 - the form or particular nature of the agreement which shall create a lien is not very material, for equity looks at the final intent and purpose, rather than at the form; and if the intent appear to give or...