The Southeastern Reporter, Volume 44West Publishing Company, 1903 |
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Page 37
... EVIDENCE - SETTING ASIDE VER- DICT - DENIAL OF MOTION - PRESUMPTION . 1. Where , in an action for the death of a brakeman , there was evidence introduced by defendant to sustain a plea of contributory negligence , it was for the jury to ...
... EVIDENCE - SETTING ASIDE VER- DICT - DENIAL OF MOTION - PRESUMPTION . 1. Where , in an action for the death of a brakeman , there was evidence introduced by defendant to sustain a plea of contributory negligence , it was for the jury to ...
Page 38
... evidence either that the front section was not moving at the time , or that the motion was so imperceptible as not to be observed by Russell and the intestate . Without commenting upon the evidence in detail , we think that the ...
... evidence either that the front section was not moving at the time , or that the motion was so imperceptible as not to be observed by Russell and the intestate . Without commenting upon the evidence in detail , we think that the ...
Page 59
... evidence on which the state and the de- fendant relied to support their respective posi- tions , is authorized . 7. An instruction that circumstantial evidence should be received and considered as other evi- dence is not a charge on the ...
... evidence on which the state and the de- fendant relied to support their respective posi- tions , is authorized . 7. An instruction that circumstantial evidence should be received and considered as other evi- dence is not a charge on the ...
Page 60
... evidence , and making an argument against the defendant , as follows : " The state introduces evidence of what it alleges to be facts , from which it asks you to deduce the theory of guilt , and which the state alleges to be a ...
... evidence , and making an argument against the defendant , as follows : " The state introduces evidence of what it alleges to be facts , from which it asks you to deduce the theory of guilt , and which the state alleges to be a ...
Page 61
... evidence by charging , " There is no evidence whatso- ever as to any one having seen him strike rocks . ' " ( 25 ) Because his honor erred in misstating the evidence to the jury by charging , ' You are to consider whether it is a fact ...
... evidence by charging , " There is no evidence whatso- ever as to any one having seen him strike rocks . ' " ( 25 ) Because his honor erred in misstating the evidence to the jury by charging , ' You are to consider whether it is a fact ...
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action agent Alderson alleged amount answer appeal appellee assignment bank Baskin bill cause cent certificates charge circuit court claim Code Constitution contract corporation court of equity creditors damages debt decree deed defendant defendant's demurrer entitled equity error estoppel evidence execution fact Faulconer favor fendant filed fraud fraudulent garnishee Geiser Greenbrier county heirs held Herron holder indorser intent interest issue Judge judgment jurisdiction jury justice land lease liable lien McDowell county ment mortgage North Carolina notice overruled owner paid pany pari delicto parties payment person petition plaintiff plaintiff in error plea possession proceeding purchase purpose question railroad company real estate reason record recover rule says sold statute statute of limitations suit Supreme Court tenant testator testimony thereof tiff tion tract trial trust usury verdict void West Virginia wife witness Womelsdorf writ
Popular passages
Page 320 - That all levies, judgments, attachments, or other liens, obtained through legal proceedings against a person who is insolvent, at any time within four months prior to the filing of a petition in bankruptcy against him, shall be deemed null and void in case he is adjudged a bankrupt...
Page 35 - That if any common carrier subject to the provisions of this act shall, directly or indirectly, by any special rate, rebate, drawback, or other device, charge, demand, collect, or receive from any person or persons a greater or less compensation...
Page 298 - The rolling stock, and all other movable property belonging to any railroad company or corporation in this State, shall be considered personal property, and shall be liable to execution and sale in the same manner as the personal property of individuals, and the General Assembly shall pass no law exempting any such property from execution and sale.
Page 358 - A plain and concise statement of the facts constituting a cause of action, without unnecessary repetition.
Page 150 - English statute of frauds, so far as to require a conveyance of any " estate of inheritance or freehold, or for a term of more than one year, in lands and tenements...
Page 53 - A valuable consideration in the sense of the law may consist either in some right, interest, profit, or benefit accruing to the one party, or some forbearance, detriment, loss, or responsibility given, suffered, or undertaken by the other.
Page 45 - ... access to the navigable part of the river from the front of his lot, the right to make a landing, wharf or pier for his own use or for the use of the public, subject to such general rules and regulations as the legislature may see proper to impose for the protection of the rights of the public, whatever these may be.
Page 81 - ... when during the litigation it appears that the defendant is doing or threatens or is about to do, or is procuring or suffering to be done, some act in violation of the plaintiff's rights respecting the subject of the action, and tending to render the judgment ineffectual, a temporary injunction may be granted to restrain such act.
Page 144 - Where a court has jurisdiction, it has a right to decide every question which occurs in the cause ; and whether its decision be correct or otherwise, its judgment, until reversed, is regarded as binding in every other court. But if it act without authority, its judgments and orders are regarded as nullities. They are not voidable, but simply void.
Page 110 - Whenever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...