The South Western Reporter, Volym 91
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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action adverse possession affirmed agreed alleged amount answer appellant appellee applied assignment authority building cattle cause Cent charge Circuit Court claim complained condition contract damages death decree deed defendant duty effect engine entitled error evidence executed facts favor feet filed follows further give given grant ground held injuries instruction interest issue Judge judgment jury land Louis matter ment motion negligence objection operation opinion owner paid parties person petition plain plaintiff pleadings possession present proper purchase question railroad Railway reason received record recover refused rendered reversed rule sold statement statute street sufficient suit taken testified testimony Texas tion train trial true verdict wife witness
Sida 417 - 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...
Sida 206 - That all levies, judgments, attachments, or other liens, obtained through legal proceedings against a person who is insolvent, at any time within four months prior to the filing of a petition in bankruptcy against him, shall be deemed null and void in case he is adjudged a bankrupt...
Sida 130 - The discretion of a judge is the law of tyrants: it is always unknown ; it is different in different men; it is casual, and depends upon constitution, temper, and passion. In the best, it is oftentimes caprice ; in the worst, it is every vice, folly, and passion to which human nature is liable.
Sida 244 - Contract, then this obligation shall be null and void ; otherwise it shall remain in full force and effect.
Sida 37 - The objection, that the action was not commenced within the time limited, can be taken only by answer.
Sida 388 - January eighteen hundred and thirty-eight, and until others shall be elected and qualified; and thereafter th'ey shall hold their offices for two years, and until their successors shall be elected and qualified.
Sida 293 - No person or persons, belonging to one of these departments, shall exercise any of the powers properly belonging to either of the others, except in the cases herein expressly directed or permitted.
Sida 197 - Denman, in disposing of the motion for a rule nisi made by the defendant for a new trial on the ground of misdirection and that the verdict was against the evidence, said " that upon the facts established the question of negligence was strictly within the province of a jury...
Sida 206 - ... shall, on due notice, order that the right under such levy, judgment, attachment, or other lien shall be preserved for the benefit of the estate; and thereupon the same may pass to and shall be preserved by the trustee for the benefit of the estate as aforesaid. And the court may order such conveyance as shall be necessary to carry the purposes of this section into effect...
Sida 60 - The evidence, consisting as it does in the mere repetition of oral statements, is subject to much imperfection and mistake; the party himself being misinformed, or not having clearly expressed his own meaning, or the witness having misunderstood him. It frequently happens, also...