The Southwestern Reporter, Volume 174West Publishing Company, 1915 |
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Page 3
... Appeals of Kentucky . March 17 , 1915. ) 1. APPEAL AND ERROR BY RULING - NEW TRIAL . The refusal of a new trial will not be dis- turbed on appeal , in the absence of an abuse of discretion . [ Ed . Note . - For other cases , see Appeal ...
... Appeals of Kentucky . March 17 , 1915. ) 1. APPEAL AND ERROR BY RULING - NEW TRIAL . The refusal of a new trial will not be dis- turbed on appeal , in the absence of an abuse of discretion . [ Ed . Note . - For other cases , see Appeal ...
Page 7
... Appeal from Circuit Court , Warren County . matters of account as were set up in the pleaded , from December , 1895 , down to December , ings and judgment , but also such matters as 1911. He does not appear , however , to have were ...
... Appeal from Circuit Court , Warren County . matters of account as were set up in the pleaded , from December , 1895 , down to December , ings and judgment , but also such matters as 1911. He does not appear , however , to have were ...
Page 9
... Appeals of Kentucky . March 16 , 1915. ) APPEAL AND ERROR 1002 - VERDICT - CON- CLUSIVENESS . Where there is evidence to support the the- firmed on appeal . HANNAH , J. James H. Murray and Mar. garet J. Murray were married in Bracken ...
... Appeals of Kentucky . March 16 , 1915. ) APPEAL AND ERROR 1002 - VERDICT - CON- CLUSIVENESS . Where there is evidence to support the the- firmed on appeal . HANNAH , J. James H. Murray and Mar. garet J. Murray were married in Bracken ...
Page 29
... appealed from . The judgment should have provided that it was not to take effect until the consideration was paid or secured by lien on the property . [ 3 ] Another ground urged for reversal on the cross - appeal is that plaintiff was ...
... appealed from . The judgment should have provided that it was not to take effect until the consideration was paid or secured by lien on the property . [ 3 ] Another ground urged for reversal on the cross - appeal is that plaintiff was ...
Page 30
... appeal of this case . The opinion upon the former appeal may be found in 156 Ky . 288 , 160 S. W. 1034. On the former appeal the present ap- pellant was also the appellant , and the judg- ment of which it then complained was re- versed ...
... appeal of this case . The opinion upon the former appeal may be found in 156 Ky . 288 , 160 S. W. 1034. On the former appeal the present ap- pellant was also the appellant , and the judg- ment of which it then complained was re- versed ...
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adverse possession affirmed alleged amount Anderson county APPEAL AND ERROR Appeal from Circuit appellant appellee authority bank bill cause of action Cent charge Circuit Court city of St claim common carrier Constitution contract contributory negligence corporation Coun CRIMINAL LAW damages deceased deed defendant defendant's demurrer Digests and Indexes district employés evidence facts fendant filed Flemingsburg held indictment injury instruction issue Judge judgment jurisdiction jury Kansas City Key-Numbered Digests land liable license lien Louis Macon County ment Missouri motion negligence Northern Rail Northern Railroad Company Note.-For ordinance owner paid Palestine pany parties payment person petition plaintiff pleaded purchase question Railway Company reason record res adjudicata roundhouses rule statute street suit Supreme Court surety testified testimony thereof tiff tion topic and KEY-NUMBER trial court verdict witness
Popular passages
Page 402 - An instrument is negotiated when it is transferred from one person to another in such manner as to constitute the transferee the holder thereof. If payable to bearer it is negotiated by delivery; if payable to order it is negotiated by the indorsement of the holder completed by delivery.
Page 179 - And for the purpose of such recovery any court of bankruptcy, as hereinbefore defined, and any state court which would have had jurisdiction if bankruptcy had not intervened, shall have concurrent jurisdiction.
Page 106 - In considering the operation of this judgment, it should be borne in mind, as stated by counsel, that there is difference between the effect of a judgment as a bar or estoppel against the prosecution of a second action upon the same claim or demand, and its effect as an estoppel in another action between the same parties upon a different claim or cause of action.
Page 106 - But when.- the second action between the same parties is upon a different claim or demand, the judgment in the prior action operates as an estoppel only as to those matters in issue, or points controverted, upon the determination of which the finding or verdict was rendered.
Page 403 - But for the purpose of determining whether the transferee is a holder in due course, the negotiation takes effect as of the time when the indorsement is actually made.
Page 193 - This company shall not be liable under this policy for a greater proportion of any loss on the described property, or for loss by and expense of removal from premises endangered by fire, than the amount hereby insured shall bear to the whole insurance, whether valid or not, or by solvent or insolvent insurers, covering such property...
Page 131 - Columbia and any of the states or territories and any foreign nation or nations shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce, or in case of the death of such employee to his or her personal representative...
Page 207 - Nothing can be clearer, both upon principle and authority, than the doctrine that the liability of a surety is not to be extended, by implication, beyond the terms of his contract.
Page 88 - No law shall be passed by the general assembly granting the right to construct and operate a street railroad within any city, town or incorporated village, without requiring the consent of the local authorities having the control of the street or highway proposed to be occupied by such street railroad.
Page 404 - Absence or failure of consideration is matter of defense as against any person not a holder in due course; and partial failure of consideration is a defense pro tanto, whether the failure is an ascertained and liquidated amount or otherwise.