The South Western Reporter, Volume 78West Publishing Company, 1904 Includes the decisions of the Supreme Courts of Missouri, Arkansas, Tennessee, and Texas, and Court of Appeals of Kentucky; Aug./Dec. 1886-May/Aug. 1892, Court of Appeals of Texas; Aug. 1892/Feb. 1893-Jan./Feb. 1928, Courts of Civil and Criminal Appeals of Texas; Apr./June 1896-Aug./Nov. 1907, Court of Appeals of Indian Territory; May/June 1927-Jan./Feb. 1928, Courts of Appeals of Missouri and Commission of Appeals of Texas. |
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action affirmed agent alleged amount Appeal from Circuit Appeals of Kentucky Appeals of Texas appellant appellant's appellee appellee's assignment authority cause charge Circuit Court Civil Appeals claim coccyx contract contributory negligence Coun Court of Appeals Court of Civil damages death deed deed of trust defendant's demurrer dence district dramshop election entitled error evidence fact favor fendant filed held Henry county injury instruction issue Judge judgment jury land lant's liable lien ment mortgage motion negligence Nelson County opinion paid pany party passenger pellant person petition plaintiff plaintiff in error pleaded primary election purchase question railroad Railway Ralls County reason record recover reversed REYBURN rule statute street suit sustained testator testified testimony Texas thereof tiff tion track train trust verdict witness
Popular passages
Page 66 - the rule for jurisdiction is that nothing shall be intended to be out of the jurisdiction of a superior court but that which specially appears to be so...
Page 188 - So, in every case, where a statute enacts, or prohibits a thing for the benefit of a person, he shall have a remedy upon the same statute for the thing enacted for his advantage, or for the recompense of a wrong done to him contrary to the said law.
Page 429 - The party holding the affirmative of the issue must produce the evidence to prove it; therefore, the burden of proof lies on the party who would be defeated if no evidence were given on either side.
Page 295 - With respect to all verbal admissions, it may be observed that they ought to be received with great caution. The evidence, consisting as it does in the mere repetition of oral -statements, is subject to much imperfection and mistake ; the party himself either being misinformed or not having clearly expressed his own meaning, or the witness having misunderstood him. It frequently happens, also, that the witness, by unintentionally altering a few of the expressions really used, gives an effect to the...
Page 391 - The plea of res judicata applies, except in special cases, not only to points upon which the Court was actually required by the parties to form an opinion and pronounce a judgment, but to every point which properly belonged to the subject of litigation, and which the parties, exercising reasonable diligence, might have brought forward at the time.
Page 391 - It is a finality as to the claim or demand in controversy, concluding parties and those In privity with them, not only as to every matter which was offered and received to sustain or defeat the claim or demand, but as to any other admissible matter which might have been offered for that purpose.
Page 323 - No rule, in the interpretation of a policy, is more fully established, or more imperative and controlling, than that which declares that, in all cases, it must be liberally construed in favor of the insured, so as not to defeat without a plain necessity his claim to indemnity, which, in making the insurance, it was his object to secure.
Page 205 - Insurance; provided, that the cause of action upon a contract, obligation or liability evidenced by a certificate, or abstract or guaranty of title of real property or policy of title insurance shall not be deemed to have accrued until the discovery of the loss or damage suffered by the aggrieved party thereunder.
Page 442 - Any interest in or claim to real estate may be disposed of by deed or will.
Page 378 - The assured will keep a set of books, which shall clearly and plainly present a complete record of business transacted, including all purchases, sales, and shipments, both for cash and credit...