The Southwestern Reporter, Volume 43West Publishing Company, 1898 |
From inside the book
Results 1-5 of 79
Page 4
... cause being subsequently transferred by the su- preme court to the court of civil appeals for the Fourth district , that court reversed the judgment of the district court , and ordered the cause remanded for another trial . 40 S. W. 54 ...
... cause being subsequently transferred by the su- preme court to the court of civil appeals for the Fourth district , that court reversed the judgment of the district court , and ordered the cause remanded for another trial . 40 S. W. 54 ...
Page 37
... cause remanded . Reversed and remanded . MCCRAY v . FREEMAN.1 ( Court of Civil Appeals of Texas . Nov. 17 , 1897. ) ACTION TO CORRECT JUDGMENT - EXCUSING LACH- ES - RES JUdicata . 1. Where the original petition in an action to correct a ...
... cause remanded . Reversed and remanded . MCCRAY v . FREEMAN.1 ( Court of Civil Appeals of Texas . Nov. 17 , 1897. ) ACTION TO CORRECT JUDGMENT - EXCUSING LACH- ES - RES JUdicata . 1. Where the original petition in an action to correct a ...
Page 38
... cause . The court found for defendant , Freeman , in cause 3,137 , and rendered judgment for him , from which judgments in both cases ( 3,159 and 3,137 ) McCray prosecutes his writ of er- ror to this court . Findings of Fact . McCray ...
... cause . The court found for defendant , Freeman , in cause 3,137 , and rendered judgment for him , from which judgments in both cases ( 3,159 and 3,137 ) McCray prosecutes his writ of er- ror to this court . Findings of Fact . McCray ...
Page 39
... cause No. 3,159 , because the alle- gations of the petition show that the writ of possession , execution of which was sought to be enjoined , was issued upon a judgment for a tract of land , in an action of trespass to try title , filed ...
... cause No. 3,159 , because the alle- gations of the petition show that the writ of possession , execution of which was sought to be enjoined , was issued upon a judgment for a tract of land , in an action of trespass to try title , filed ...
Page 40
title him to reform the judgment in cause No. 1,311 , or to the injunction . The petition sets up the facts of the original suit by Freeman In cause 1,311 for the 622 acres of land , part of the Washington one - third league , in ...
title him to reform the judgment in cause No. 1,311 , or to the injunction . The petition sets up the facts of the original suit by Freeman In cause 1,311 for the 622 acres of land , part of the Washington one - third league , in ...
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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.