The Southwestern Reporter, Volume 138West Publishing Company, 1911 - Law reports, digests, etc |
From inside the book
Results 1-5 of 100
Page 2
The adjudication of the rights of the par- ties in issue depends on the construction to be placed on the will of Reuben S. Lanyon.rity and in her ability to wisely manage my That will , or so much thereof as is material to the issue ...
The adjudication of the rights of the par- ties in issue depends on the construction to be placed on the will of Reuben S. Lanyon.rity and in her ability to wisely manage my That will , or so much thereof as is material to the issue ...
Page 24
... ISSUES AND PROOF . Where , in an action for death at a street railroad crossing , the petition alleged that no proper ... issue of defendant's negligence in failing to warn dece- dent of the approach of the car by asking no instructions ...
... ISSUES AND PROOF . Where , in an action for death at a street railroad crossing , the petition alleged that no proper ... issue of defendant's negligence in failing to warn dece- dent of the approach of the car by asking no instructions ...
Page 32
... issue by asking no in- struction on it and defendant got an instruc- tion favorable to its view , it is in no situation to complain . The point is ruled against it . [ 20 ] ( c ) A witness , Francis , had observed the running or street ...
... issue by asking no in- struction on it and defendant got an instruc- tion favorable to its view , it is in no situation to complain . The point is ruled against it . [ 20 ] ( c ) A witness , Francis , had observed the running or street ...
Page 33
... issue under the pleadings in this case . " Then the court : " His competency does not become an issue in this case until the boy is in a position of danger . " Then counsel : " Yes , sir . " Then the court : " After that I think that is ...
... issue under the pleadings in this case . " Then the court : " His competency does not become an issue in this case until the boy is in a position of danger . " Then counsel : " Yes , sir . " Then the court : " After that I think that is ...
Page 55
... issue of ratifica- tion or estoppel must be raised by the plead- ings . Counsel for respondent answers this by contending that the question of lack of the agent's authority to compromise the case having been first raised by the reply ...
... issue of ratifica- tion or estoppel must be raised by the plead- ings . Counsel for respondent answers this by contending that the question of lack of the agent's authority to compromise the case having been first raised by the reply ...
Other editions - View all
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...