Mississippi Reports ... Being Cases Argued and Decided in the Supreme Court of Mississippi, Volume 102Mississippi. Supreme Court, Thomas Alexander Marshall, William C. Smedes, Volney Erskine Howard, Robert John Walker, John Franklin Cushman, James Zachariah George E.W. Stephens Publishing Company, 1913 |
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Page 36
... witness , outside of the employees of the carrier , can be produced to show negligence in the handling of the train or inattention to the stock , it is indeed a barsh rule , and I insist an un- reasonable one , to require of the shipper ...
... witness , outside of the employees of the carrier , can be produced to show negligence in the handling of the train or inattention to the stock , it is indeed a barsh rule , and I insist an un- reasonable one , to require of the shipper ...
Page 43
... witnesses unequivocally testified that there was a line fence between the two places , running east and west , yet the court held as a matter of law that the Kirk place was under a common enclosure with the Stuckey place . If the rule ...
... witnesses unequivocally testified that there was a line fence between the two places , running east and west , yet the court held as a matter of law that the Kirk place was under a common enclosure with the Stuckey place . If the rule ...
Page 45
... witness Graham and at- tempting to discredit him by his testimony on a former trial . It will also be noted from the special bill of ex- ceptions taken at the time the new trial was granted , that . it was so granted solely on the ...
... witness Graham and at- tempting to discredit him by his testimony on a former trial . It will also be noted from the special bill of ex- ceptions taken at the time the new trial was granted , that . it was so granted solely on the ...
Page 73
... witness found the husband trying to hide the liquor , or some of it , evidently to save a drink from the general wreck . Policeman Ross knew the husband's general condition to be one of intoxication , and neither witness knew whether ...
... witness found the husband trying to hide the liquor , or some of it , evidently to save a drink from the general wreck . Policeman Ross knew the husband's general condition to be one of intoxication , and neither witness knew whether ...
Page 79
... witness stand in his own behalf , and ad- mitted signing the note , but stated that the considera- tion of the note was that the insurance company would give him a two thousand dollar insurance policy on his dwelling house . He further ...
... witness stand in his own behalf , and ad- mitted signing the note , but stated that the considera- tion of the note was that the insurance company would give him a two thousand dollar insurance policy on his dwelling house . He further ...
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Common terms and phrases
59 South action Affirmed alleged amount appellant's appellee assessment authority bank bill board of supervisors bond Brief for appellant carrier cause cent chancery court charged circuit court cited claim Code commissioner complainants Constitution contention contract convicted counsel court of equity crime damages declaration decree deed of trust defendant delivered the opinion demurrer district dollars election equity error evidence executed facts are fully filed forgery Frank Johnston held Illinois Central Railroad indictment indorsement instruction Jackson county judge judgment jurisdiction jury justice land legislature liable lien ment Miss Mississippi Mississippi river offense paid parties person plaintiff pleadings purchase question railroad company Rankin County reason record res adjudicata rule Simpson county sold statute submit subrogation suit supersedeas Supreme Court surety sustained taxes testimony thereof tion valid verdict void witness
Popular passages
Page 436 - The rule of the common law is, that where a party sustains a loss by reason of a breach of contract, he is, so far as money can do it, to be placed in the same situation, with respect to damages, as if the contract had been performed.
Page 833 - This case is decided upon an economic theory which a large part of the country does not entertain.
Page 813 - The liberty mentioned in that amendment means, not only the right of the citizen to be free from the mere physical restraint of his person, as by incarceration, but the term is deemed to embrace the right of the citizen to be free in the enjoyment of all his faculties; to be free to use them in all lawful ways; to live and work where he will; to earn his livelihood by any lawful calling; to pursue any livelihood or avocation, and for that...
Page 829 - ... the Constitution of the United States, which is necessarily and to a large extent inflexible and exceedingly difficult of amendment, should not be so construed as to deprive the States of the power to so amend their laws as to make them conform to the wishes of the citizens as they may deem best for the public welfare without bringing them into conflict with the supreme law of the land.
Page 430 - The damages must be such as may fairly be supposed to have entered into the contemplation of the parties when they made the contract, that is, must be such as might naturally be expected to follow its violation ; and they must be certain, both in their nature and in respect to the cause from which they proceed.
Page 833 - The liberty of the citizen to do as he likes so long as he does not interfere with the liberty of others to do the same...
Page 86 - The assured will take a complete itemized inventory of stock on hand at least once in each calendar year...
Page viii - First District, Second District, - - Third District, Fourth District, Fifth District, Sixth District, Seventh District, Eighth District, - - ' Ninth District, Tenth District, Eleventh District...
Page 825 - That all political power is vested in and derived from the people; that all government, of right, originates from the people, is founded upon their will only, and is instituted solely for the good of the whole.
Page 230 - ... any fact which clearly proves it to be against conscience to execute a judgment and of which the injured party could not have availed himself in a court of law, or of which he might have availed himself at law, but was prevented by fraud or accident, unmixed with any fault or negligence in himself or his agents, will justify an application to a court of chancery.