The Southwestern Reporter, Volume 168West Publishing Company, 1914 - Law reports, digests, etc |
From inside the book
Results 1-5 of 100
Page 6
... sustained by the defendants was caused by ed . " That the court adjourned on the same the leaking , due to the inferior quality of day , and that the order granting said motion the roofing material to turn water , or the for a new trial ...
... sustained by the defendants was caused by ed . " That the court adjourned on the same the leaking , due to the inferior quality of day , and that the order granting said motion the roofing material to turn water , or the for a new trial ...
Page 15
... sustained . According to the allegations of plaintiff's original and amended petitions , his cause of action arose ... sustain such special damages in case of its breach and to show that the con- tract was made , at least in part , with ...
... sustained . According to the allegations of plaintiff's original and amended petitions , his cause of action arose ... sustain such special damages in case of its breach and to show that the con- tract was made , at least in part , with ...
Page 20
... sustained . As said by the Court of Appeals of New York in Phelps v . Racey , 60 N. Y. 10 , 19 Am . Rep . 140 ... sustain from the unlawful destruction of his property , and is not entitled to the equitable remedy of in- junction to ...
... sustained . As said by the Court of Appeals of New York in Phelps v . Racey , 60 N. Y. 10 , 19 Am . Rep . 140 ... sustain from the unlawful destruction of his property , and is not entitled to the equitable remedy of in- junction to ...
Page 31
... sustained by the plaintiff deducted from the value of the crop he would have made the value of the crop he did raise , but there is nothing in the statement showing what was the value of the crop raised . For aught that appears in the ...
... sustained by the plaintiff deducted from the value of the crop he would have made the value of the crop he did raise , but there is nothing in the statement showing what was the value of the crop raised . For aught that appears in the ...
Page 32
... sustained . lieve appellant of its obligation to furnish The motion for rehearing is overruled . water for all of said land . KNOX . ( No. 6623. ) Galveston . ( Court of Civil Appeals of Texas . May 26 , 1914. Rebearing Denied June 11 ...
... sustained . lieve appellant of its obligation to furnish The motion for rehearing is overruled . water for all of said land . KNOX . ( No. 6623. ) Galveston . ( Court of Civil Appeals of Texas . May 26 , 1914. Rebearing Denied June 11 ...
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Common terms and phrases
adverse possession affirmed agent alleged APPEAL AND ERROR appellant appellant's appellee assignment attorney authority bank bill Brazoria county cause of action Cent charge circuit court Civil Appeals claim Company contract contributory negligence corporation counsel Court of Civil CRIMINAL LAW damages deceased deed defendant defendant's dence Dickson duty Eagle Lake employés evidence execution fact fendant filed fraud Galveston held injury Ira Black issue Judge judgment jurisdiction jury Kansas City land liability lien Louis Magwire ment Missouri motion Murdoch negligence Note.-For overruled paid parties partnership person petition plaintiff pleadings Porter possession probate court purchase question railroad Railway reason recover Rehearing rendered reversible error rule servants shipment statement statute street suit supra Supreme Court testified testimony thereof tiff tion track train trial court trust verdict wife witness
Popular passages
Page 155 - 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 182 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
Page 182 - In general, the action on a contract, whether express or implied, or whether by parol, or under seal, or of record, must be brought in the name of the party in whom the legal interest in such contract was vested.
Page 155 - 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...
Page 317 - Was that work being done independently of the interstate commerce in which the defendant was engaged, or was it so closely connected therewith as to be a part of it? Was its performance a matter of indifference so far as that commerce was concerned or was it in the nature of a duty resting upon the carrier?
Page 105 - By means of it, the situation of the witness with respect to the parties and to the subject of litigation, his interest, his motives, his inclinations and prejudices, his means of obtaining a correct and certain knowledge of the facts to which he bears testimony...
Page 17 - But where the property is of little value, and its use for the illegal purpose is clear, the legislature may declare it to be a nuisance, and subject to summary abatement. Instances of this are the power to kill diseased cattle...
Page 174 - Scott decision; urging as an especial reason for his opposition to that decision that it deprived the negroes of the rights and benefits of that clause in the Constitution of the United States which guarantees to the citizens of each State all the rights, privileges, and immunities of the citizens of the several States. On the...
Page 371 - When the indorsement is without recourse the iudorser specially declines to assume any responsibility as a party to the note or bill ; but by the very act of transferring it he engages that it is what it purports to be — the valid obligation of those whose names are upon it. He is like a drawer who draws without recourse; but who is, nevertheless, liable if he draws upon a fictitious party or one without funds.
Page 311 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.