The Southwestern Reporter, Volume 17West Publishing Company, 1892 - Law reports, digests, etc |
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Results 1-5 of 82
Page vi
... record . to- gether with the petition and briefs , will be presented to the court without argument . If the court determines that the cause shall be reheard , the counsel will be no- reargument is desired will be indicated , and the ...
... record . to- gether with the petition and briefs , will be presented to the court without argument . If the court determines that the cause shall be reheard , the counsel will be no- reargument is desired will be indicated , and the ...
Page vii
... record shall be made before the cause is called for trial , and at such time as gives opportuni- ty to have the record perfected for the hearing , or the imperfection of the record will be waived : provided , however , that any ...
... record shall be made before the cause is called for trial , and at such time as gives opportuni- ty to have the record perfected for the hearing , or the imperfection of the record will be waived : provided , however , that any ...
Page 12
... record proper , and reverses the last judgment ; because the so - called " bill in review " ( upon which the first judgment was vacated ) is consid- ered insufficient . It is held that it does not state facts sufficient to warrant the ...
... record proper , and reverses the last judgment ; because the so - called " bill in review " ( upon which the first judgment was vacated ) is consid- ered insufficient . It is held that it does not state facts sufficient to warrant the ...
Page 38
... record August 9 , 1886 , and filed for record August 20 , 1886 , and duly recorded on the same day . Ste- phens executed to Mrs. Miller and her hus- band an instrument dated July 2 , 1886 , whereby he acknowledged that the land was ...
... record August 9 , 1886 , and filed for record August 20 , 1886 , and duly recorded on the same day . Ste- phens executed to Mrs. Miller and her hus- band an instrument dated July 2 , 1886 , whereby he acknowledged that the land was ...
Page 39
... record , and was never recorded . It was withheld from record until the lien created by the levy of the execution of the judgment creditor , Brown , intervened , and Mrs. Miller and her hus- band cannot now set up a trust defined in an ...
... record , and was never recorded . It was withheld from record until the lien created by the levy of the execution of the judgment creditor , Brown , intervened , and Mrs. Miller and her hus- band cannot now set up a trust defined in an ...
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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...