The Southwestern Reporter, Volume 139West Publishing Company, 1911 |
From inside the book
Results 1-5 of 100
Page 44
... Motion for Rehearing . On considering the motion for a rehearing , we have concluded that we erred in holding , as a matter of law , that Noberta de Garza , under whom appellants claim , did not ac- quire title to the land in ...
... Motion for Rehearing . On considering the motion for a rehearing , we have concluded that we erred in holding , as a matter of law , that Noberta de Garza , under whom appellants claim , did not ac- quire title to the land in ...
Page 63
... motion should be overruled , and , if not , the motion should te granted . The evidence indicated that the premises were not kept in as cleanly a con- dition as such places can be kept and all arguments as to the fitting condition of ...
... motion should be overruled , and , if not , the motion should te granted . The evidence indicated that the premises were not kept in as cleanly a con- dition as such places can be kept and all arguments as to the fitting condition of ...
Page 79
... motion for rehearing is overruled . intention is to be gathered from the entire instrument . If the expressed meaning is plain upon the face of the instrument , it will control . Effect and meaning must be given to every part of the ...
... motion for rehearing is overruled . intention is to be gathered from the entire instrument . If the expressed meaning is plain upon the face of the instrument , it will control . Effect and meaning must be given to every part of the ...
Page 110
... motion the court , nisi , overruled and plaintiff brings the cause here by ap- peal . hereafter be restrained from ... motion to set aside the order sustaining such demurrer and dismissing its said bill , which motion , duly preserved in ...
... motion the court , nisi , overruled and plaintiff brings the cause here by ap- peal . hereafter be restrained from ... motion to set aside the order sustaining such demurrer and dismissing its said bill , which motion , duly preserved in ...
Page 121
... MOTION FOR NEW TRIAL . [ 5 ] The vital question , therefore , is , Has it become impossible to use this land for the purpose expressed by the donors in the dedi- cation ? The cases cited above refer to situa- tions where there has been ...
... MOTION FOR NEW TRIAL . [ 5 ] The vital question , therefore , is , Has it become impossible to use this land for the purpose expressed by the donors in the dedi- cation ? The cases cited above refer to situa- tions where there has been ...
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Common terms and phrases
acres action adverse possession agent alleged amended amount APPEAL AND ERROR appellant appellee assessment assignment authority bank beneficiary bond cause cause of action Cent certificate charge circuit court city of St claim contract contributory negligence corporation counsel court of equity damages death deed of trust defendant defendant's demurrer evidence executed facts fendant filed fraud held injunction instruction interest issue James Davis Judge judgment jury land Liberty county Louis ment milk Missouri motion negligence Note Note.-For NUMBER in Dec ordinance paid parties Pemiscot county person petition plaintiff pleadings purchase question quiet title reason record refused Rep'r Indexes rule section NUMBER Series & Rep'r sheriff's deed sold statute suit supra Supreme Court term testator testified testimony thereof tiff tion tract trial court Winfree witness
Popular passages
Page 370 - He looks and laughs at a' that. A prince can mak a belted knight, A marquis, duke, and a' that ; But an honest man's aboon his might, Guid faith he mauna fa' that ! For a
Page 46 - It is admitted that the rule is difficult of application. But it is generally held that, in order to warrant a finding that negligence, or an act not amounting to wanton wrong, is the proximate cause of an injury, it must appear that the injury was the natural and probable consequence of the negligence or wrongful act, and that it ought to have been foreseen in the light of the attending circumstances.
Page 404 - No moneys shall ever be paid out of the Treasury of this State, or any of its funds or any of the funds under its management, except in pursuance of an appropriation by law ; nor unless such payment be made within two years next after the passage of such appropriation act; and every such law. making a new appropriation, or continuing or reviving an appropriation, shall distinctly specify the sum appropriated, and the object to which it is to be applied ; and it shall not be sufficient for such law...
Page 414 - No person, or collection of persons, being of one of those departments, shall exercise any power properly belonging to either of the others, except in the instances hereinafter expressly directed or permitted.
Page 439 - If it is colored, coated, polished, or powdered, whereby damage or inferiority is concealed, or if by any means it is made to appear better or of greater value than it really is.
Page 188 - In addition to the demurrer to the evidence, one of the grounds of the motion for a new trial is that the verdict is against the evidence.
Page 408 - If, when the unconstitutional portion is stricken out, that which remains is complete in itself, and. capable of being executed in accordance with the apparent legislative intent, wholly independent of that which was rejected, it must be sustained.
Page 404 - Every law which imposes, continues or revives a tax, shall distinctly state the tax and the object to which it is to be applied ; and it shall not be sufficient to refer to any other law to fix such tax or object.
Page 59 - In the nature of things, there is in every transaction a succession of events, more or less dependent upon those preceding, and it is the province of a jury to look at this succession of events or facts, and ascertain whether they are naturally and probably connected with each other by a continuous sequence, or are dissevered by new and independent agencies, and this must be determined in view of the circumstances existing at the time.
Page 453 - The second paragraph of section 2 of article 4 of the Constitution of the United States...