The Southwestern Reporter, Volume 138West Publishing Company, 1911 - Law reports, digests, etc |
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Results 1-5 of 100
Page 19
... EVIDENCE . In a case at law , it is only necessary that the abstract call attention to such matters as bear upon the points urged for reversal , unless a demurrer to the evidence is interposed , and that point is pressed on appeal , in ...
... EVIDENCE . In a case at law , it is only necessary that the abstract call attention to such matters as bear upon the points urged for reversal , unless a demurrer to the evidence is interposed , and that point is pressed on appeal , in ...
Page 22
... evidence , the trial court could have rightfully held that the statute of limitations had run . The land in question has a house upon it . Mar- shall claimed that he did not sell the house and lot ( the premises in dispute ) to Randall ...
... evidence , the trial court could have rightfully held that the statute of limitations had run . The land in question has a house upon it . Mar- shall claimed that he did not sell the house and lot ( the premises in dispute ) to Randall ...
Page 43
... evidence . ( 6 ) The finding and judgment of the court is in conflict with the evidence , the law , and equity of the case . ( 7 ) Under all the evidence offered , the find- tiff to it , before mentioned , conveying the | tiff ...
... evidence . ( 6 ) The finding and judgment of the court is in conflict with the evidence , the law , and equity of the case . ( 7 ) Under all the evidence offered , the find- tiff to it , before mentioned , conveying the | tiff ...
Page 45
... EVIDENCE - BEST AND SECONDARY EVIDENCE - LICENSES . produce his dramshop license at the trial , and the license was not produced or offered in evidence ; but , after reading in evidence an order of the county court which granted a ...
... EVIDENCE - BEST AND SECONDARY EVIDENCE - LICENSES . produce his dramshop license at the trial , and the license was not produced or offered in evidence ; but , after reading in evidence an order of the county court which granted a ...
Page 55
... evidence , did not authorize him to settle or compromise plaintiff's cause | settle plaintiff's cause of action at any sum of action and that unless the court found from the evidence that the plaintiff by “ work ” of mouth authorized ...
... evidence , did not authorize him to settle or compromise plaintiff's cause | settle plaintiff's cause of action at any sum of action and that unless the court found from the evidence that the plaintiff by “ work ” of mouth authorized ...
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Common terms and phrases
action affirmed alleged APPEAL AND ERROR Appeals of Texas appellant appellant's appellee authority bank Bell county bill of exceptions bond cause cause of action Cent charge Chihuahua circuit court claim Company contract corporation Coun county court court of equity CRIMINAL LAW damages death deceased deed defendant defendant's dence district evidence executed fendant filed ground held indictment injury instruction issue judge judgment June June 21 jurisdiction jury land Laurel county Louis ment Missouri mortgage motion motorman negligence Note Note.-For NUMBER in Dec option law overruled owner paid parties person petition plaintiff plaintiff in error pleaded purchase question railroad reason record refused Rehearing remanded Rep'r Indexes reversed rule section NUMBER Series & Rep'r statute subrogation sufficient suit testator testified testimony thereof tiff tion topic and section trial court verdict wife witness
Popular passages
Page 68 - That all levies, judgments, attachments, or other liens, obtained through legal proceedings against a person who is insolvent, at any time within four months prior to the filing of a petition in bankruptcy against him, shall be deemed null and void in case he is adjudged a bankrupt...
Page 336 - ... in good faith relied upon such conduct, and has been led thereby to change his position for the worse, and who on his part acquires some corresponding right either of property, of contract or of remedy.
Page 315 - Holder" means the payee or indorsee of a bill or note, who is in possession of it, or the bearer thereof. "Indorsement" means an indorsement completed by delivery.
Page 315 - An instrument is negotiated when it is transferred from one person to another in such manner as to constitute the transferee the holder thereof. If payable to bearer it is negotiated by delivery ; if payable to order it is negotiated by the indorsement of the holder completed by delivery.
Page 59 - Is that whenever one person is by circumstances placed in such a position with regard to another that every one of ordinary sense who did think would at once recognize that if he did not use ordinary care and skill in his own conduct with regard to those circumstances, he would cause danger of Injury to the person or property of the other, a duty arises to use ordinary care and skill to avoid such danger.
Page 83 - Procedure requires that every action be brought in the name of the real party in interest...
Page 275 - 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 315 - Where the holder of an instrument payable to his order transfers it for value without indorsing it, the transfer vests in the transferee such title as the transferor had therein, and the transferee acquires, in addition, the right to have the indorsement of the transferor. But for the purpose of determining whether the transferee is a holder in due course, the negotiation takes effect as of the time when the indorsement is actually made.
Page 222 - ... 2. In an action by a mortgagee for the foreclosure of his mortgage and sale of the mortgaged property, where it appears that the mortgaged property is in danger of being lost, removed or materially injured, or that the condition of the mortgage has not been performed and that the property is probably insufficient to discharge the mortgage debt.
Page 190 - Act to recover damages for personal injuries to an employee, or where such injuries have resulted in his death, the fact that the employee may have been guilty of contributory negligence shall not bar a recovery, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee...