The South Western Reporter, Volume 75West Publishing Company, 1903 - 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. |
From inside the book
Results 1-5 of 99
Page 74
... action consonant with justice , and contemplated by the statute , and that it should be upheld . In the case of Spence v . Dawson , supra , so urgently relied upon by appellee , the Supreme Court was considering the application held ...
... action consonant with justice , and contemplated by the statute , and that it should be upheld . In the case of Spence v . Dawson , supra , so urgently relied upon by appellee , the Supreme Court was considering the application held ...
Page 103
... ACTION - CHILDREN - TRES- PASSERS - NEGLIGENCE - TRIAL - ISSUES -INSTRUCTIONS - APPEAL . 1. Where the grounds for a motion for a new trial were that the court erred in giving several specified instructions , and the court granted a new ...
... ACTION - CHILDREN - TRES- PASSERS - NEGLIGENCE - TRIAL - ISSUES -INSTRUCTIONS - APPEAL . 1. Where the grounds for a motion for a new trial were that the court erred in giving several specified instructions , and the court granted a new ...
Page 106
... action for injury to a con- ductor by the giving away of a pile bridge un- der his train , held sufficient to support a finding that the earth under the bridge was insufficient to support the piles . 3. An instruction , in an action for ...
... action for injury to a con- ductor by the giving away of a pile bridge un- der his train , held sufficient to support a finding that the earth under the bridge was insufficient to support the piles . 3. An instruction , in an action for ...
Page 170
... action to foreclose said mortgage in the district court of Gage coun- ty , Neb . , in chancery , the plaintiff could have had an action under said statutes at law to recover upon the said notes , but , having elected to proceed in ...
... action to foreclose said mortgage in the district court of Gage coun- ty , Neb . , in chancery , the plaintiff could have had an action under said statutes at law to recover upon the said notes , but , having elected to proceed in ...
Page 171
... action barred by the statute of limitation , the court adopt- ed the language of Blackstone , that " wher- ever there is a legal right there is a legal remedy , " and that " the want of right and the want of remedy are the same thing ...
... action barred by the statute of limitation , the court adopt- ed the language of Blackstone , that " wher- ever there is a legal right there is a legal remedy , " and that " the want of right and the want of remedy are the same thing ...
Other editions - View all
Common terms and phrases
action affirmed alleged amount Appeal from Circuit appellant appellee authority Bank Bernard Patton bill bond bridge cause cent charge circuit court Civil Appeals claim contract corporation Coun county court Court of Civil court of equity creditors deceased deed of trust defendant defendant's demurrer error evidence executed fact fendant filed grand jury Green county Harris county held husband indictment injury instruction interest interpleader issue James Craig Judge judgment June Kentucky land liable lien Louis ment Missouri mortgage Murrell negligence opinion option law ordinance paid pany party payment perjury person petition plaintiff pleaded prosecution purchase purpose question railroad Railway reason record Rehearing Robert Craig statute street suit Taney county testator testified testimony thereof Thomas Maney tiff tion verdict wife witness
Popular passages
Page 84 - ... in any manner or for any purpose to an amount exceeding in any year the income and revenue provided for such year...
Page 220 - The court may, before, or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect...
Page 435 - In testimony whereof, the said parties of the first part have hereunto set their hands and seals the day and year first above written.
Page 220 - 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 86 - No county, city, township, school district or other municipal corporation, shall be allowed to become indebted in any manner or for any purpose to an amount, including existing indebtedness, in the aggregate exceeding five per centum on the value of the taxable property therein, to be ascertained by the last assessment for State and county taxes, previous to the incurring of such indebtedness.
Page 320 - ... the appraisers together shall then estimate and appraise the loss, stating separately sound value and damage, and, failing to agree, shall submit their differences to the umpire; and the award in writing of any two shall determine the amount of such loss; the parties thereto shall pay the appraiser respectively selected by them and shall bear equally the expenses of the appraisal and umpire.
Page 135 - ... contrary to the principles of a free government. It is abhorrent to the instincts of an Englishman ; it is abhorrent to the instincts of an American. It may suit the purposes of despotic power; but it cannot abide the pure atmosphere of political liberty and personal freedom.
Page 320 - In the event of disagreement as to the amount of loss the same shall, as above provided, be ascertained by two competent and disinterested appraisers, the insured and this company each selecting one, and the two so chosen shall first select a competent and disinterested umpire; the appraisers together shall then estimate and appraise the loss, stating separately sound value and damage, and, failing to agree, shall submit their differences to the umpire; and the award in writing of any two shall determine...
Page 431 - On this day of 19 .... before me personally appeared , to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed.
Page 108 - Over the objection and exception of defendant, the court, at the request of plaintiff, instructed the jury as follows: "(1) The court Instructs the Jury that if they...