The Southwestern Reporter, Volume 17West Publishing Company, 1892 - Law reports, digests, etc |
From inside the book
Results 1-5 of 84
Page 7
... charge was a charge of rape only . While rape and carnal knowledge of a female child are akin , they are separate and distinct offenses , and the latter is not included in or a degree of the former , in the sense that , when you charge ...
... charge was a charge of rape only . While rape and carnal knowledge of a female child are akin , they are separate and distinct offenses , and the latter is not included in or a degree of the former , in the sense that , when you charge ...
Page 44
... charge that , in estimating the damages , the jury should con- sider neither the benefits nor injuries resulting to plaintiff's property , in common with the com- munity generally , from the construction of the railroad , and which are ...
... charge that , in estimating the damages , the jury should con- sider neither the benefits nor injuries resulting to plaintiff's property , in common with the com- munity generally , from the construction of the railroad , and which are ...
Page 45
... charge first referred to . We think the case was sufficiently and correctly presented to the jury by the charges ... charge that if the improper loading was not the sole cause of the wreck , but that it was caused by improper loading and ...
... charge first referred to . We think the case was sufficiently and correctly presented to the jury by the charges ... charge that if the improper loading was not the sole cause of the wreck , but that it was caused by improper loading and ...
Page 47
... charge that plaintiff " sues defendant company for alleged injuries inflicted upon him by the derailment of a train on which he was traveling as a passenger , occasioned by the neg- ligence of defendant , " is not erroneous , as as ...
... charge that plaintiff " sues defendant company for alleged injuries inflicted upon him by the derailment of a train on which he was traveling as a passenger , occasioned by the neg- ligence of defendant , " is not erroneous , as as ...
Page 48
... charge on this sub- ject , but stood mute , and quietly took the hazard of the verdict , " speculating " on the result , under the law as given in charge by the court . Under such circum- stances , we are not prepared to hold that this ...
... charge on this sub- ject , but stood mute , and quietly took the hazard of the verdict , " speculating " on the result , under the law as given in charge by the court . Under such circum- stances , we are not prepared to hold that this ...
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Common terms and phrases
acres action affirmed alleged amount Appeal from circuit Appeals of Kentucky appellant appellee April 16 attorney authority bonds cause certificate charge circuit court claim contract conveyed conviction Court of Appeals court of equity debt deceased decree deed defendant's demurrer dence district court entitled error evidence execution fact favor fendant filed Galveston grant Grayson county ground guilty Haskell county heirs held homestead husband indictment instruction intended issue Judge judgment jurisdiction jury Kentucky liable lien Mastin ment Missouri mortgage offense opinion Owensboro owner paid parties person petition plaintiff proof provides purchase question railway company reason record recover reversed road S. W. Rep sold statute STAYTON sufficient suit Supreme Court survey taxes testator testified testimony Texas thereof tiff tion track tract trial try title verdict Webb City wife witness
Popular passages
Page 238 - The court said there must be reasonable evidence of negligence; but where the thing is .shown to be under the management of the defendant or his servants, and the accident is such as, in the ordinary course of things, does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Page 102 - And the said records and judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the State from whence the said records are or shall be taken.
Page 166 - ... when the question is one of a common or general interest, of many persons, or when the parties are numerous, and it is impracticable to bring them all before the court, one or more may sue or defend for the benefit of all.
Page 187 - ... the fairest and most just construction of the Constitution in all its parts. In our opinion such a construction of the Constitution leads to the conclusion that no State has the right to lay a tax on interstate commerce in any form, whether by way of duties laid on the transportation of the subjects of that commerce, or on the receipts derived from that transportation, or on the occupation or business of carrying it on, and the reason is that such taxation is a burden on that commerce, and amounts...
Page 181 - A conviction cannot be had in any case of felony upon the testimony of an accomplice, unless corroborated by other evidence tending- to connect the defendant with the commission of the offense, and the corroboration is not sufficient if it merely shows that the offense was committed, and the circumstances thereof.
Page vi - When the error alleged is to the charge of the court the specification shall set out the part referred to totidem verbis whether it be instructions given or instructions refused.
Page 181 - A conviction cannot be had upon the testimony of an accomplice unless it be corroborated by such other evidence as shall tend to connect the defendant with the commission of the offense; and the corroboration is not sufficient if it merely shows the commission of the offense or the circumstances thereof.
Page 355 - Whether the party thus misrepresenting a fact, knew it to be false, or made the assertion without knowing whether it were true or false, is wholly immaterial, for the affirmation of what one does not know, or believe to be true, is equally, in morals and law, as unjustifiable as the affirmation of what is known to be positively false.
Page 256 - ... place of public amusement to be open for the purpose of traffic or public amusement on Sunday, shall be fined not less than twenty nor more than fifty dollars. The term place of public amusement...
Page 215 - In this country, the right of property holders or taxable inhabitants to resort to equity to restrain municipal corporations and their officers from transcending their lawful powers or violating their legal duties in any mode which will injuriously affect the tax-payers — such as making an unauthorized appropriation of the...