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acres action Affirmed agent agreed agreement alleged amount answer appellant appellee application assignment attachment authority bank bill bond cars cause charge circuit court Civil claim complainant contract costs court damages debt deed defendant district effect entitled error evidence exceptions execution fact failed favor fendant filed follows further give given ground held hold injury instruction Insurance interest issue Judge judgment jury land lien matter ment mortgage motion negligence notice objection opinion original owner paid parties payment person petition plain plaintiff pleadings possession present proof proper purchase question railroad Railway reason received record recover refused rendered reversed road rule sold statute sufficient suit sustained taken term testimony Texas tion town tract train trial trust verdict wife witness
Page 407 - ... equity will support assignments not only of choses in action and of contingent interests and expectancies, but also of things which have no present actual or potential existence, but rest in mere possibility; not indeed as a present positive transfer, operative in presenti, for that can only be of a thing in esse, but as a present contract to take effect and attach as soon as the thing comes in esse.
Page 67 - Justice told the jury that there were two questions for their consideration : First, whether the plaintiff had given value for the bill, of which there could be no doubt ; and, secondly, whether he took it under circumstances which ought to have excited the suspicion of a prudent and careful man.
Page 244 - ... such books and inventory securely locked in a fireproof safe at night, and at all times when the store mentioned in the within policy is not actually open for business, or in some secure place not exposed to a fire which would destroy the house where such business is carried on...
Page 83 - A statement of the acts constituting the offense, in ordinary and concise language, and in such manner as to enable a person of common understanding to know what is intended.
Page 83 - That the act or omission charged as the offense, is stated with such a degree of certainty as to enable the court to pronounce judgment upon a conviction, according to the right of the case.
Page 62 - America, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents.
Page 264 - ... but other officers of towns or cities shall be elected by the qualified voters therein, or appointed by the local authorities thereof, as the General Assembly may, by a general law, provide; but when elected by the voters of a town or city, their terms of office shall be four years, and until their successors shall be qualified.
Page 25 - ... the expense incurred by the Owner in finishing the work, such excess shall be paid by the Owner to the Contractor ; but if such expense shall exceed such unpaid balance, the Contractor shall pay the difference to the Owner . The expense incurred by the Owner as herein provided, either for furnishing materials or for finishing the work, and any damage incurred through such default, shall be audited and certified by the Architect, whose certificate thereof shall be conclusive upon the parties.
Page 117 - It is a well-settled rule of construction of grants by the Legislature to corporations, whether public or private, that only such powers and rights can be exercised under them as are clearly comprehended within the words of the act or derived therefrom by necessary implication, regard being had to the objects of the grant. Any ambiguity or doubt arising out of the terms used by the Legislature must be resolved in favor of the public.