The Southwestern Reporter, Volume 17West Publishing Company, 1892 - Law reports, digests, etc |
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Page v
... taken , and who of the par- ties were present . And in copying deposi- tions taken upon interrogatories the an- swer shall follow each question . Reports and accounts shall follow the orders or decrees on which they are based , when ...
... taken , and who of the par- ties were present . And in copying deposi- tions taken upon interrogatories the an- swer shall follow each question . Reports and accounts shall follow the orders or decrees on which they are based , when ...
Page 11
... taken in an appeal or writ of error to any proceedings in the circuit court , except such as shall have been expressly de- cided by such court . Section 2114 provides that omissions , defects , etc. , which are not against the right of ...
... taken in an appeal or writ of error to any proceedings in the circuit court , except such as shall have been expressly de- cided by such court . Section 2114 provides that omissions , defects , etc. , which are not against the right of ...
Page 12
... taken . After the first judgment was thus opened , the original cause proceeded . The defendants answered the petition , and , on issues so made , a trial was had , and the last judgment in the case reached . That conclusion is to be ...
... taken . After the first judgment was thus opened , the original cause proceeded . The defendants answered the petition , and , on issues so made , a trial was had , and the last judgment in the case reached . That conclusion is to be ...
Page 30
... taken possession of and converted to their own use certain personal property belonging to Smith , Robinson , and Rogers , of the value of $ 7,800 ; that Rogers , imme- diately after the sale to himself and Rob- inson and Smith , had ...
... taken possession of and converted to their own use certain personal property belonging to Smith , Robinson , and Rogers , of the value of $ 7,800 ; that Rogers , imme- diately after the sale to himself and Rob- inson and Smith , had ...
Page 52
... taken , for it is well settled that an equitable defense may be proved under a plea of " not guilty . " But we are of the opinion that the evidence that Charles Lewis claimed to own the certficate was clearly hearsay , and should have ...
... taken , for it is well settled that an equitable defense may be proved under a plea of " not guilty . " But we are of the opinion that the evidence that Charles Lewis claimed to own the certficate was clearly hearsay , and should have ...
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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...