The Southwestern Reporter, Volume 79West Publishing Company, 1904 - Law reports, digests, etc |
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Common terms and phrases
action affirmed alleged amended amount Appeal from Circuit Appeals of Texas appellant appellant's appellee attorney authority bank Bexar county bill cause charge circuit court Civil Appeals claim contract contributory negligence corporation Coun Court of Chancery Court of Civil court of equity damages death deceased deed defendant defendant's demurrer district duty Elmendorf employés entitled error evidence executed facts Fannin county fendant filed heirs held Holt county injury instruction issue Judge judgment jury Kentucky land liable lien ment Missouri mortgage negligence Oak Cliff option law ordinance owner paid party payment person petition plaintiff plaintiff in error pleadings prosecution purchase question railroad company reason recover rule Sisson statute street suit testified testimony thereof tiff tion track tract trial verdict wife Wilbarger county witness
Popular passages
Page 143 - It is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers and no others: First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the accomplishment of the declared objects and purposes of the corporation — not simply convenient, but indispensable.
Page 18 - Be it therefore enacted, that whensoever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been...
Page 122 - No suit or action on this policy for the recovery of any claim shall be sustainable in any court of law or equity until after full compliance by the insured with all the foregoing requirements, nor unless commenced within twelve months next after the fire.
Page 14 - Whereas no action at law is now maintainable against a person who by his wrongful act, neglect, or default may have caused the death of another person, and it is oftentimes right and expedient that the wrongdoer in such case should be answerable in damages for the injury so caused by him...
Page 297 - SEC. 1. All railroads and canals shall be public highways, and all railroad and canal companies shall be common carriers. Any association or corporation, organized for the purpose, shall have the right to construct and operate a railroad between any points within this State, and to connect at the State line with railroads of other States.
Page 115 - The statute, being in derogation of the common law, must be strictly construed...
Page 88 - This entire policy shall be void if the insured has concealed or misrepresented, in writing or otherwise, any material fact or circumstance concerning the insurance or the subject thereof...
Page 3 - No law shall be revived or amended by reference to its title ; but in such case the act revived or the section or sections amended shall be re-enacted and published at length.
Page 90 - This company shall not be held to have waived any provision or condition of this policy or any forfeiture thereof by any requirement, act, or proceeding on its part relating to the appraisal or to any examination herein provided for...
Page 419 - The evidence, consisting as it does in the mere repetition of oral statements, is subject to much imperfection and mistake; the party himself either being misinformed or not having clearly expressed his own meaning, or the witness having misunderstood him.