The Southwestern Reporter, Volume 111West Publishing Company, 1908 - Law reports, digests, etc |
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Common terms and phrases
affirmed alleged amendment amount appellant appellant's appellee assessed attorney authorized Bank bill bond cause of action Cent charge circuit court claim commissioners commonwealth commonwealth's attorney Company contract contributory negligence coun counsel county court Criminal Dallas county damages deceased deed defendant defendant's demurrer district line duty employés engine entitled error evidence executed fact fendant filed held injunction injury instruction judge judgment June 17 jury Kansas City Kentucky land Lee avenue liable Louis ment Missouri motion negligence Note.-For opinion option law ordinance owner paid parties person petition plaintiff plaintiff in error pleadings prosecution purchase question railroad Railway reason record recover remanded sheriff statute street suit sustained testator testified testimony Texas thereof tion track tract train trial court verdict voluntary manslaughter witness
Popular passages
Page 187 - And I do hereby bind myself, my heirs, executors, and administrators, to warrant and forever defend...
Page 135 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue without joining with him the person for whose benefit the action is prosecuted. A person with whom or in whose name a contract is made for the benefit of another is a trustee of an express trust within the meaning of this section.
Page 5 - And it was resolved by them, that for the sure and true interpretation of all statutes in general (be they penal or beneficial, restrictive or enlarging of the Common Law), four things are to be discerned and considered: 1st.
Page 334 - Every act enacted by the General Assembly, and every ordinance and resolution passed by any county, city, town, or municipal board or local legislative body, levying a tax, shall specify distinctly the purpose for which said tax is levied, and no tax levied and collected for one purpose shall ever be devoted to another purpose.
Page 83 - Every railroad corporation owning or operating a railroad in this state shall be liable for all damages sustained by any agent or servant thereof by reason of the negligence of any other agent or servant thereof...
Page 366 - Special assessments, on the other hand, are made upon the assumption that a portion of the community is to be specially and peculiarly benefited, in the enhancement of the value of property peculiarly situated as regards a contemplated expenditure of public funds; and in addition to the general levy, they demand that special contributions, in consideration of the special benefit, shall be made by the persons receiving it.
Page 135 - In case of any other transfer of interest, the action may be continued in the name of the original party, or the court may allow the person to whom the transfer is made to be substituted in the action.
Page 129 - Though the law itself be fair on its face and impartial in appearance, yet, if it is applied and administered by public authority with an evil eye and an unequal hand, so as practically to make unjust and illegal discriminations between persons in similar circumstances, material to their rights, the denial of equal justice is still within the prohibition of the Constitution.
Page 226 - ... 1. In an action by a vendor to vacate a fraudulent purchase of property, or by a creditor to subject any property or fund to his claim, or between partners or others jointly owning or interested in any property or fund, on the application of the plaintiff, or of any party whose right to or interest in the property or fund, or the proceeds thereof, is probable, and where it is shown that the property or fund is in danger of being lost, removed, or materially injured; 2.
Page 129 - For the cases present the ordinances in actual operation, and the facts shown establish an administration directed so exclusively against a particular class of persons as to warrant and require the conclusion, that, whatever may have been the intent of the ordinances as adopted, they are applied by the public authorities charged with their administration, and thus representing the State itself, with a mind so unequal and oppressive as to amount to a practical denial by the State of that equal protection...