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action adverse possession affirmed agreed alleged amount answer appellant appellee applied assignment authority bill 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 237 - And I do hereby bind myself, my heirs, executors, and administrators, to warrant and forever defend...
Sida 421 - 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 201 - 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 134 - 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 39 - The objection, that the action was not commenced within the time limited, can be taken only by answer.
Sida 64 - 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...
Sida 392 - 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 248 - Contract, then this obligation shall be null and void ; otherwise it shall remain in full force and effect.