The Southwestern Reporter, Volume 43West Publishing Company, 1898 |
From inside the book
Results 1-5 of 74
Page 9
... assignment as being in accord with these views . We think the jury could not have understood from it that Willis could confer upon Tarver any power to agree upon the terms of any sale except subject to his subsequent approval . From ...
... assignment as being in accord with these views . We think the jury could not have understood from it that Willis could confer upon Tarver any power to agree upon the terms of any sale except subject to his subsequent approval . From ...
Page 10
... assignment must be overruled . Error is assigned upon the action of the court in refusing to give the following charge : " If you find from the evidence that there were no valid debts against the estate of Alex . Mc- Cown existing at ...
... assignment must be overruled . Error is assigned upon the action of the court in refusing to give the following charge : " If you find from the evidence that there were no valid debts against the estate of Alex . Mc- Cown existing at ...
Page 11
... assignment which re- fers to other matters . There being ample evidence to support the verdict upon this ques- tion of fact , we would have no difficulty in overruling the assignment , were it not for the following language , used by ...
... assignment which re- fers to other matters . There being ample evidence to support the verdict upon this ques- tion of fact , we would have no difficulty in overruling the assignment , were it not for the following language , used by ...
Page 26
... assignment of error re - raises the question of law disposed of on the former appeal , and is consequently overruled . 3. The contention under the second assign- ment is that the court gave conflicting char- ges ; but , as we find no ...
... assignment of error re - raises the question of law disposed of on the former appeal , and is consequently overruled . 3. The contention under the second assign- ment is that the court gave conflicting char- ges ; but , as we find no ...
Page 37
... assignment of error , they should have asked a charge upon that question ; and , if the charge had been cor- rectly framed in presenting the point sug- gested in the assignment , the court should have given it , and doubtless would have ...
... assignment of error , they should have asked a charge upon that question ; and , if the charge had been cor- rectly framed in presenting the point sug- gested in the assignment , the court should have given it , and doubtless would have ...
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Common terms and phrases
acres action adverse possession affirmed alleged Appeal from circuit Appeal from district Appeals of Kentucky Appeals of Texas appellant appellee Archer county attachment attorney Bank Bell county bill of exceptions cause charge circuit court Civil Appeals claim complainant contract conveyed Court of Appeals Court of Civil creditors damages debt deceased deed deed of trust defendant defendant's demurrer district court evidence executed facts favor fendant filed heirs held homestead indictment instruction issue Jefferson county Jesse G Judge judgment jury land levy lien ment motion opinion overruled paid parties payment pellant person petition plaintiff plaintiff in error pleaded possession purchase question railroad reason record recover rendered reversed sold statute statute of limitations sued suit supersedeas bond supreme court testimony thereof tiff tion tract trial trust try title verdict wife witness writ
Popular passages
Page 72 - By the law of the land is most clearly intended the general law ; a law which hears before it condemns ; which proceeds upon inquiry, and renders judgment only after trial.
Page 74 - This entire policy, unless otherwise provided by agreement endorsed hereon or added hereto, shall be void if the interest of the insured be other than unconditional and sole ownership...
Page 250 - The taking, receiving, reserving, or charging a rate of interest greater than is allowed by the preceding section, when knowingly done, shall be deemed a forfeiture of the entire interest which the note, bill, or other evidence of debt carries with it, or which has been agreed to be paid thereon.
Page 158 - State or coming from or going to any other State. Persons and property transported over any railroad shall be delivered at any station at charges not exceeding the charges for transportation of persons and property of the same class in the same direction to any more distant station; but excursion and commutation tickets may be issued at special rates.
Page 150 - All individuals, associations and corporations shall have equal right to have persons and property transported over railroads and canals, and no undue or unreasonable discrimination shall be made in charges for, or in facilities for, transportation of freight or passengers within the State or coming from or going to any other State.
Page 160 - No railroad company shall charge, demand or receive from any person, company or corporation, for the transportation of any property or for any other service, a greater sum than it shall at the same time charge, demand or receive from any other person, company or corporation, for a like service from the same place, or upon like condition and under similar circumstances...
Page 94 - Perkins, asked the court to instruct the jury to return a verdict of not guilty as to Emanuel C.
Page 240 - It is true that a statute, containing a prohibition and a penalty, makes the act which it punishes unlawful, and the same may be implied from a penalty without a prohibition; but it does not follow that the unlawfulness of the act was meant by the legislature to avoid a contract made in contravention of it. When the statute is silent, and contains nothing from which the contrary can be properly inferred, a contract in contravention of it is void.
Page 240 - ... the statute must be examined as a whole, to find out whether or not the makers of it meant that a contract in contravention of it should be void, or that it was not to be so.
Page 171 - The officers of a corporation act in a fiduciary capacity in respect to its property in their hands, and may be called to an account for fraud or sometimes even mere mismanagement In respect thereto; but as between itself and its creditors the corporation is simply a debtor, and does not hold its property in trust, or subject to a lien in their favor, in any other sense than does an individual debtor.