The Southwestern Reporter, Volume 53West Publishing Company, 1900 - Law reports, digests, etc |
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Page 23
... TRIAL - NEWLY - DISCOVERED TESTIMONY -CONSTRUCTION OF CONTRACT TO PURCHASE LAND . 1. Where newly - discovered testimony is cumu- lative merely , and no sufficient reason is given for not producing it on the trial , it will not au ...
... TRIAL - NEWLY - DISCOVERED TESTIMONY -CONSTRUCTION OF CONTRACT TO PURCHASE LAND . 1. Where newly - discovered testimony is cumu- lative merely , and no sufficient reason is given for not producing it on the trial , it will not au ...
Page 27
... trial are accident and surprise , newly - discovered evi- dence , and that the verdict is not sustained by the evidence . Appellant filed the affidavit of its president in support of the motion . This affidavit shows that the president ...
... trial are accident and surprise , newly - discovered evi- dence , and that the verdict is not sustained by the evidence . Appellant filed the affidavit of its president in support of the motion . This affidavit shows that the president ...
Page 59
... trial judge until 40 days after the expiration of the term , will not be considered when it appears that the party taking it neglected to compel the trial judge to file it in time . 2. A paper styled " Agreed Facts , " but not signed by ...
... trial judge until 40 days after the expiration of the term , will not be considered when it appears that the party taking it neglected to compel the trial judge to file it in time . 2. A paper styled " Agreed Facts , " but not signed by ...
Page 60
... trial judge to file conclusions of law and fact will not be reviewed on appeal without a bill of excep- tions . Landa v . Heermann , 85 Tex . 1 , 19 S. W. 885. It is clear from the certificate of the trial judge referred to that he was ...
... trial judge to file conclusions of law and fact will not be reviewed on appeal without a bill of excep- tions . Landa v . Heermann , 85 Tex . 1 , 19 S. W. 885. It is clear from the certificate of the trial judge referred to that he was ...
Page 67
... trial court . The trial court found , as a con- clusion of law , that , defendants having shown a superior outstanding title in R. H. Flanniken , they are entitled to a judgment . It is a good defense to a suit of trespass to try title ...
... trial court . The trial court found , as a con- clusion of law , that , defendants having shown a superior outstanding title in R. H. Flanniken , they are entitled to a judgment . It is a good defense to a suit of trespass to try title ...
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Common terms and phrases
action Affirmed alleged Amanda Reed amount Appeal from circuit appellant appellee assignment attorney averred bond Bosque county cause certificate chancellor chancery court charge circuit court civil appeals claim complainant constitution contract county court court of chancery court of civil creditors debt deceased decree deed defendant demurrer deposit district Edward W election entitled error evidence executed fact fendant filed Frankfort grant Hanover National Bank held indictment injury instruction issue judge judgment jury Kentucky land legislature liable lien ment mortgage motion opinion option law overruled paid parties payment person petition plaintiff plaintiff in error proof purchase question Rankin Building record removal Rhea county Rosenheim statute sued suit supreme court Tenn Tennessee term testified testimony thereof tion trial trust usurious verdict Washington L witness
Popular passages
Page 9 - When the transfer is by will or intestate law, of property within the state, and the decedent was a nonresident of the state, at the time of his death.
Page 98 - Loss or damage, if any, under this policy shall be payable to as mortgagee (or trustee) as interest may appear, and this insurance, as to the interest of the mortgagee (or trustee) only therein, shall not be invalidated by any act or neglect of the mortgagor or owner...
Page 169 - ... is in continual jeopardy of being overpowered, awed, or influenced by its coordinate branches; and that as nothing can contribute so much to its firmness and independence as permanency in office, this quality may therefore be justly regarded as an indispensable ingredient in its constitution, and, in a great measure, as the citadel of the public justice and the public security.
Page 167 - This constitution defines the extent of the powers of the general government. If the general legislature should at any time overleap their limits, the judicial department is a constitutional check. If the United States go beyond their powers, if they make a law which the constitution does not authorize, it is void, and the judicial power, the national judges, who, to secure their impartiality, are to be made independent, will declare it to be void.
Page 133 - Assembly may be about to proceed shall have notice thereof, accompanied by a copy of the causes alleged for his removal, at least twenty days before the day on which either house of the General Assembly shall act thereon.
Page 48 - ... happening by chance ; unexpectedly taking place; not according to the usual course of things, or not as expected;' that, if a result is such as follows from ordinary means, voluntarily employed, in a not unusual or unexpected way, it cannot be called a, result effected by accidental means; but thai if, in the act which precedes the injury, something unforeseen, unexpected, unusual occurs which produces the injury, then the injury has resulted through accidental means.
Page 157 - No person or persons belonging to one of these departments shall exercise any of the powers properly belonging to either of the others, except in the cases herein directed or permitted.
Page 169 - ... union must ensue from a dependence of the former on the latter, notwithstanding a nominal and apparent separation; that as, from the natural feebleness of the judiciary, it is in continual jeopardy...
Page 312 - ... in actions by or against executors, administrators, or guardians, in which judgment may be rendered for or against them, neither party shall be allowed to testify against the other as to any transaction with, or statement by, the testator, intestate, or ward, unless called to testify thereto by the opposite party, or required to testify thereto by the court.
Page 169 - Hence it is that there can be but few men in the society who will have sufficient skill in the laws to qualify them for the stations of judges. And making the proper deductions for the ordinary depravity of human nature, the number must be still smaller of those who unite the requisite integrity with the requisite knowledge.