Reports of Cases Determined by the Supreme Court of the State of Missouri, Volume 241E.W. Stephens, 1912 - Law reports, digests, etc |
Other editions - View all
Common terms and phrases
alleged appellant application apportionment attorney attorney at law Attorney-General authority bank bill of exceptions Butler county cause of action charge circuit court city of St claim Constitution contract contributory negligence corporation counsel county court county of St danger deed defendant defendant's demurrer Dockery Dutcher duty easement engineer evidence ex rel Express Company facts failed feet filed fraud Gasconade County Governor Hanna held Hilbert Hitchcock independent contractor injury instruction Insurance judge judgment jurisdiction jury Kansas City land Legislature libelous loan Louis county March 21 matter ment Missouri motion negligence opinion owner paid party person petition plaintiff pleading probate court question race track Railroad reason record refused relator respondent Road Fund rule Salmon senatorial districts statement Statute of Limitations sub-agents term testified testimony thereof tiff tion train trial court trust Wabash witness
Popular passages
Page 517 - An apportionment by the Legislature, or other body, shall be subject to review by the Supreme Court, at the suit of any citizen, under such reasonable regulations as the Legislature may prescribe ; and any court before which a cause may be pending involving an apportionment, shall give precedence thereto over all other causes and proceedings, and if said court be not in session it shall convene promptly for the disposition of the same.
Page 510 - ... no person, or collection of persons, charged with the exercise of powers properly belonging to one of those departments, shall exercise any power properly belonging to either of the others, except in the instances in this constitution expressly directed or permitted.
Page 193 - Forrester (ubi sup.), and the rule is that, although there may have been negligence on the part of the plaintiff, yet, unless he might by the exercise of ordinary care have avoided the consequences of the defendant's negligence, he is entitled to recover; if by ordinary care he might have avoided them, he is the author of his own Or.
Page 629 - In an action for libel or slander, it is not 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...
Page 629 - 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 642 - Though the publication of such proceedings may be to the disadvantage of the particular individual concerned, yet it is of vast importance to the public that the proceedings of Courts of Justice should be universally known. The general advantage to the country in having these proceedings made public, more than counterbalances the inconveniences to the private persons whose conduct may be the subject of such proceedings.
Page 54 - In the construction of a pleading for the purpose of determining its effect, its allegations shall be liberally construed, with a view to substantial justice between the parties.
Page 696 - Whatever the law may be elsewhere, it must be regarded as the settled law of this State, that an agreement either by parol or in writing to pay a debt out of a designated fund does not give an equitable lien upon the fund or operate as an equitable assignment thereof.
Page 372 - ... so definite and positive as to leave no room for doubt in the mind of the chancellor as to the existence of such a trust.
Page 620 - ... upon the result of any trial or contest of skill, speed or power of endurance, of man or beast...