The Southwestern Reporter, Volume 124West Publishing Company, 1910 - Law reports, digests, etc |
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Results 1-5 of 100
Page 7
... petition , it must be raised by demurrer , and , if the petition is sufficient on its face , the objec- tion must be taken by the answer . [ Ed . Note . - For other cases , see Parties , Cent . Dig . §§ 115 , 116 ; Dec. Dig . § 75 ...
... petition , it must be raised by demurrer , and , if the petition is sufficient on its face , the objec- tion must be taken by the answer . [ Ed . Note . - For other cases , see Parties , Cent . Dig . §§ 115 , 116 ; Dec. Dig . § 75 ...
Page 12
... petition , it must be raised the administrators of the heirs of the deceas- by demurrer ; and , if the petition is suffi- ed stepchildren sued him in the circuit court cient on its face , as the petition in this case for the amount of ...
... petition , it must be raised the administrators of the heirs of the deceas- by demurrer ; and , if the petition is suffi- ed stepchildren sued him in the circuit court cient on its face , as the petition in this case for the amount of ...
Page 13
... petition unless the peti- tion states such facts as clearly show he is not entitled to judgment ; for instance that it is clearly barred by limitations . Even if it fails to state a cause of action , its defects ( 2 ) The question of ...
... petition unless the peti- tion states such facts as clearly show he is not entitled to judgment ; for instance that it is clearly barred by limitations . Even if it fails to state a cause of action , its defects ( 2 ) The question of ...
Page 53
... petition the defendant demurred upon the ground that it did not show that plaintiff had capacity to sue and that it did not state a cause of action . This demurrer was sus tained , and plaintiff has appealed . J. B. McGilvray , for ...
... petition the defendant demurred upon the ground that it did not show that plaintiff had capacity to sue and that it did not state a cause of action . This demurrer was sus tained , and plaintiff has appealed . J. B. McGilvray , for ...
Page 63
... PETITION- WAIVER - WAIVER BY ANSWERING . By answering the petition after its motion to strike out parts thereof as self - serving alle- gations had been overruled , and going to trial , defendant waived any error in denying the mo- tion ...
... PETITION- WAIVER - WAIVER BY ANSWERING . By answering the petition after its motion to strike out parts thereof as self - serving alle- gations had been overruled , and going to trial , defendant waived any error in denying the mo- tion ...
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A. J. Gordon action Adwell affirmed agent Agua Nueva alleged amount Appeal and Error Appeal from Circuit appellant appellant's appellee appellee's Armour Packing Company assignment of error attorney bank cause Cent charge Circuit Court claim contract contributory negligence Court of Appeals Court of Civil CRIMINAL LAW damages death deed defendant's demurrer dence employés engine evidence execution fact fendant filed held indictment injury instruction insured issue Judge jury Kentucky land lant's Law Rep liable ment Missouri motion negligence Note Note.-For option law overruled paid party payment pellant person petition plaintiff in error pleaded prosecution purchase Pyron question railroad Railway reason recover refused remanded reversed servant statute suit supersedeas bond sustained testified testimony thereof tiff tion tract train trial court verdict wife witness
Popular passages
Page 100 - Every act shall embrace but one subject and matters properly connected therewith; which subject shall be expressed in the title. But if any subject shall be embraced in an act, which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be expressed in the title.
Page 188 - ... the party of the first part shall pay to the party of the second part...
Page 8 - Missouri statute provided that "in actions where one of the original parties to the contract or cause of action in issue and on trial is dead . . . the other party to such contract or cause of action shall not be admitted to testify either in his own favor...
Page 103 - A conviction cannot be had upon the testimony of an accomplice unless it be corroborated by such other evidence as shall tend to connect the defendant with the commission of the offense ; and the corroboration is not sufficient if it merely shows the commission of the offense or the circumstances thereof.
Page 72 - If any person who shall have resided in this state, go from and do not return to this state for seven successive years, he shall be presumed to be dead, in any case wherein his death shall come in question, unless proof be made that he was alive within that time.
Page 184 - If it be done in the course of his employment, the master is liable ; and it makes no difference that the master did not authorize, or even know of the servant's act or neglect, or even if he disapproved or forbade it,. he is equally liable, if the act be done in the course of his servant's employment.
Page 60 - The court instructs the jury that if you find and believe from the evidence in this case that the policy in evidence was issued to Carl S.
Page 261 - Procedure requires that every action be brought in the name of the real party in interest...
Page 153 - To guard against mistakes or delays the sender of a message should order it repeated; that is, telegraphed back to the originating office for comparison. For this one half the regular rate is charged in addition.
Page 153 - It is agreed between the sender of the following message and this company that said company shall not be liable for mistakes or delays in the transmission or delivery or for nondelivery of any unrepeated message, beyond the amount received for sending the same...