The Southwestern Reporter, Volume 17West Publishing Company, 1892 - Law reports, digests, etc |
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Results 1-5 of 77
Page v
... rule or general order of the court , or where counsel desire the rec- ord in order to prepare briefs required un- der these rules , in which case they will be allowed to take such records without or- der upon giving receipt therefor to ...
... rule or general order of the court , or where counsel desire the rec- ord in order to prepare briefs required un- der these rules , in which case they will be allowed to take such records without or- der upon giving receipt therefor to ...
Page vi
... rule - day ; and the clerk shall keep a rule docket , in which he shall en- ter all orders made under these rules . 16. The clerk shall keep a motion docket , on which shall be entered all mo- tions which are made in court , and not at ...
... rule - day ; and the clerk shall keep a rule docket , in which he shall en- ter all orders made under these rules . 16. The clerk shall keep a motion docket , on which shall be entered all mo- tions which are made in court , and not at ...
Page vii
... rule , it will be taken as an abandonment of the appeal or writ of error , as the case may be . Er- rors not specified according to this rule will be treated as waived , but the court , at its option , may notice an error over- looked ...
... rule , it will be taken as an abandonment of the appeal or writ of error , as the case may be . Er- rors not specified according to this rule will be treated as waived , but the court , at its option , may notice an error over- looked ...
Page 5
... rule and the proper practice . But in the case at bar the appellant contends that being in custody , and not having been brought out when the grand jury was organized , he was prejudiced in his right to challenge . But if he had the ...
... rule and the proper practice . But in the case at bar the appellant contends that being in custody , and not having been brought out when the grand jury was organized , he was prejudiced in his right to challenge . But if he had the ...
Page 32
... rule to such easements as are " apparent and continuous . " An apparent easement is one which is obvious . Apply . ing that rule to the facts of this case , can it be said that it obviously appeared to the purchaser that the lot which ...
... rule to such easements as are " apparent and continuous . " An apparent easement is one which is obvious . Apply . ing that rule to the facts of this case , can it be said that it obviously appeared to the purchaser that the lot which ...
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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...