The South Western Reporter, Volume 125West Publishing Company, 1910 - Law reports, digests, etc Includes the decisions of the Supreme Courts of Missouri, Arkansas, Tennessee, and Texas, and Court of Appeals of Kentucky; Aug./Dec. 1886-May/Aug. 1892, Court of Appeals of Texas; Aug. 1892/Feb. 1893-Jan./Feb. 1928, Courts of Civil and Criminal Appeals of Texas; Apr./June 1896-Aug./Nov. 1907, Court of Appeals of Indian Territory; May/June 1927-Jan./Feb. 1928, Courts of Appeals of Missouri and Commission of Appeals of Texas. |
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Page 78
... statement signed by E. J. Eyres , treasurer Santa Fé Townsite Com- pany , which said statement is set out in full in plaintiff's first amended original petition , and in which appears the following as set out in plaintiff's petition ...
... statement signed by E. J. Eyres , treasurer Santa Fé Townsite Com- pany , which said statement is set out in full in plaintiff's first amended original petition , and in which appears the following as set out in plaintiff's petition ...
Page 79
... statements charge , and intend to charge , that plaintiff is a coward , and was guilty of the dastardly and disgraceful act of sending his wife out at night , unaccompanied by him , to commit the crime of fence cutting , and that the ...
... statements charge , and intend to charge , that plaintiff is a coward , and was guilty of the dastardly and disgraceful act of sending his wife out at night , unaccompanied by him , to commit the crime of fence cutting , and that the ...
Page 94
... STATEMENT AS TO EVIDENCE DENIAL OF CORRECTNESS NECESSITY OF OPPOSING BRIEF . -- If appellee is not satisfied with the correct- ness of the statement from the record in appel- lant's brief as to the evidence , and that it con- stitutes ...
... STATEMENT AS TO EVIDENCE DENIAL OF CORRECTNESS NECESSITY OF OPPOSING BRIEF . -- If appellee is not satisfied with the correct- ness of the statement from the record in appel- lant's brief as to the evidence , and that it con- stitutes ...
Page 95
... statement from the record in ble . Merely suggesting or advising Badu to appellant's brief as to the evidence , and that go into the house , without any suggestion or it constitutes all the evidence in support of advice to build the ...
... statement from the record in ble . Merely suggesting or advising Badu to appellant's brief as to the evidence , and that go into the house , without any suggestion or it constitutes all the evidence in support of advice to build the ...
Page 100
... statement comprehended a subsequent an- swer admitted over objection that it was his practice to protect the men doing the work by sending a man to the end of the track , and hence the admission of the latter statement was not ...
... statement comprehended a subsequent an- swer admitted over objection that it was his practice to protect the men doing the work by sending a man to the end of the track , and hence the admission of the latter statement was not ...
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Common terms and phrases
action adverse possession affirmed alleged Appeal and Error Appeal from Circuit Appeals of Texas appellant appellant's appellee assignment cause Cent charge circuit court Civil Appeals claim contract contributory negligence conviction corporation county court Court of Civil CRIMINAL LAW damages deed defective defendant defendant's demurrer dence District Court Donnell duty engine evidence facts fendant filed Glen Rose guilty Haskell county held indictment injury instruction issue Judge judgment jury land Law Rep lien liquors MASTER AND SERVANT ment Missouri negligence Note Note.-For option law owner paid parties payment pellant person petition plaintiff plaintiff in error pleaded purchaser question railroad Railway reason recover refused remanded reversed rule statute suit Taney County testified testimony thereof tiff tion track tract train verdict whisky wife witness
Popular passages
Page 4 - There must be reasonable evidence of negligence. But where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care.
Page 154 - A person operating a motor vehicle shall, at request or on signal by putting up the hand, from a person riding, leading or driving a restive horse or horses, or other draft animals, bring such motor vehicle immediately to a stop, and, if traveling in the opposite direction, remain stationary so long as may be reasonable to allow such horse or animal...
Page 397 - Code provides that 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 223 - What constitutes a holder in due course. — A holder in due course is a holder who has taken the instrument under the following conditions: (1) That it is complete and regular upon its face. (2) That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact. (3) That he took it in good faith and for value. (4) That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title...
Page 242 - The court must, in every stage of an action, disregard any error or defect, in the pleadings or proceedings, which does not affect the substantial rights of the adverse party; and no judgment can be reversed or affected by reason of such error or defect.
Page 161 - Municipal and other corporations and individuals invested with the privilege of taking private property for public use shall make just compensation for property taken, injured or destroyed by the construction or enlargement of their works, highways or improvements, which compensation shall be paid or secured before such taking, injury or destruction.
Page 417 - the indictment must contain: (1) the title of the prosecution, specifying the name of the court, in which the indictment is presented, and the names of the parties; (2) a statement of the acts constituting the offense, in ordinary and concise language, and in such a manner as to enable a person of common understanding to know what is intended...
Page 417 - No indictment is insufficient, nor can the trial, judgment, or other proceedings thereon be affected, by reason of a defect or imperfection in matter of form, which does not tend to the prejudice of the substantial rights of the defendant, upon the merits.
Page 154 - ... to pass, and if traveling in the same direction, use reasonable caution in thereafter passing such horse or animal; provided that, in case such horse or animal appears badly frightened or the person operating such motor vehicle is...
Page 439 - the form or particular nature of the agreement which shall create a lien is not very material, for equity looks at the final intent and purpose, rather than at the form; and if the intent appear to give or...