Cases Determined in the St. Louis and the Kansas City Courts of Appeals of the State of Missouri, Volume 34E. W. Stephens., 1889 - Law reports, digests, etc |
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Common terms and phrases
affidavit affirmed agent alleged amended amount assignment attorney authority Bassett cause of action charge circuit court Circuit Court.-HON City of Kansas claim common carrier contract counsel court erred Court of Appeals court of equity creditors Cummiskey damages debt deed of trust defendant defendant's delivered the opinion delivery demurrer Dircks district equity error estoppel ex rel facts Fenlon filed garnishment hundred dollars Indian Creek township instruction number instructs the jury interpleader issue Judge judgment jurisdiction justice Kansas City Kansas City Court land liable lien Liss Louis Court mandamus ment Missouri motion option law paid parties payment petition plaintiff plaintiff in error pleadings possession purchase question R. S. sec Railroad Railway reason received record refused remanded replevin respondent reversed Revised Statutes rule Sedalia sewer statement suit supra testimony thereof tion township trial court verdict writ
Popular passages
Page 554 - Without attempting to draw any precise line to which courts of equity will advance, and which they cannot pass, in restraining parties from availing themselves of judgments obtained at law, it may safely be said that any fact which clearly proves it to be against conscience to execute a judgment, and of which the injured party could not have availed himself in a court of law, or of which he might have availed himself at law, but was prevented by fraud or accident, unmixed with any fault or negligence...
Page 524 - Of every municipal corporation the charter or statute by which it is created is its organic act. Neither the corporation nor its officers can do any act, or make any contract, or incur any liability, not authorized thereby, or by some legislative act applicable thereto. All acts beyond the scope of the powers granted are void.
Page 323 - In an action for libel or slander, it shall not be necessary to state in the complaint any extrinsic facts for the purpose of showing the application to the plaintiff of the defamatory matter out of which the cause of action arose ; but it shall be sufficient to state generally that the same was published or spoken concerning the plaintiff; and if such allegation be controverted, the plaintiff shall be bound to establish on the trial that it was so published or spoken.
Page vi - ... must be founded on papers showing clearly that some question decisive of the case, and duly submitted by counsel, has been overlooked by the court...
Page 106 - And for the consideration before mentioned, said party of the second part further agrees, that as a condition precedent to...
Page 488 - In pleading the performance of a condition precedent in a contract, it is not necessary to state the facts constituting performance ; but the party may state, generally, that he, or the person whom he represents, duly performed all the conditions on his part.
Page 621 - ... case of a running account, it may be fairly implied that it is in pursuance of an agreement that an account may be opened and continued, either for a definite period or at the pleasure of one or both the parties.
Page 319 - Plaintiff, and contriving, and wickedly and maliciously intending to injure the Plaintiff in his good name, fame, and credit, and to bring him into public scandal, infamy, and disgrace...
Page xii - ... of the record in said cause, setting forth so much thereof as is necessary to a full understanding of all the questions...
Page 669 - The court instructs the jury, that if they find from the evidence that...