Cases Determined in the St. Louis and the Kansas City Courts of Appeals of the State of Missouri, Volume 31E. W. Stephens., 1888 - Law reports, digests, etc |
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Common terms and phrases
administrator affidavit affirmed alleged amended amount assignment authority bank Bates county bill of exceptions cause of action charge circuit court claim clerk contract counsel court erred Court of Appeals court of equity creditors damages debt deceased declarations deed defendant defendant's demand Dunklin county entitled equity error ex rel execution executor fact filed fraud given hundred dollars interpleaders Iron county Isaac Walker issue Judge judgment jurisdiction Kansas City Court land liable lien Louis Court mechanic's lien ment Missouri mortgage motion negligence nunc pro tunc objection opinion paid party payment petition plaintiff plaintiff in error probate court prosecuting purchase question Railroad reason record recover refused replevin respondent reversed Revised Statutes rule Stat sufficient suit supra Supreme Court testified testimony thereof thousand dollars tiff tion transcript trial court trust verdict witness writ
Popular passages
Page 514 - Provided, That nothing in this section shall be so construed as to prevent the employment of a seamstress by any family for manufacturing articles for such family use. None of...
Page 244 - For wrongs done to the property, rights or interests of another, for which an action might be maintained against the wrong-doer, such action may be brought by the person injured, or after his death, by his executors or administrators, against such wrong-doer, and after his death against his executors or administrators, in the same manner and with the like effect in all respects, as actions founded upon contracts.
Page 461 - There is a manifest and well-settled distinction between an unconditional deed of trust, and a mortgage or deed of trust in the nature of a mortgage.
Page 18 - Unless the essential terms of the sale can be ascertained from the writing itself, or by a reference contained in it to something else, the writing is not a compliance with the statute ; and if the agreement be thus defective, it cannot be supplied by parol proof, for that would at once introduce all the mischiefs which the statute of frauds and perjuries was intended to prevent.
Page 547 - Wherever two persons stand in such a relation that, while it continues, confidence is necessarily reposed by one, and the influence which naturally grows out of that confidence is possessed by the other, and this confidence is abused, or the influence...
Page 439 - But in doubtful cases, where a thing may or may not be a nuisance, depending upon a variety of circumstances requiring judgment and discretion on the part of the town authorities in exercising their legislative functions, under a general delegation of power like the one we are considering, their action, under such circumstances, would be conclusive of the question': North Chicago City Ry.
Page 33 - ... or to build such houses as others were allowed to erect, or in any other way to make such use of their property as was permissible to others, it can scarcely be doubted that the act would transcend the due bounds of legislative power, even though no express constitutional provision could be pointed out with which it would come in conflict.