The Southwestern Reporter, Volume 174West Publishing Company, 1915 |
From inside the book
Results 1-5 of 99
Page 27
... plain- tiff formed only a part of the consideration of defendant's contract , and he has received a partial benefit , and a breach by the plain- tiff may be compensated for in damages , the plaintiff may maintain his action without ...
... plain- tiff formed only a part of the consideration of defendant's contract , and he has received a partial benefit , and a breach by the plain- tiff may be compensated for in damages , the plaintiff may maintain his action without ...
Page 51
... Plains . About the same time for proceedings consistent with this opinion . that he sold his residence the partnership was dissolved , and plaintiff purchased his brother's interest in the land . After leaving SAUNDERS v . CITY OF ...
... Plains . About the same time for proceedings consistent with this opinion . that he sold his residence the partnership was dissolved , and plaintiff purchased his brother's interest in the land . After leaving SAUNDERS v . CITY OF ...
Page 57
... plain construction of the plain- tiffs ' constitutional right , we hold that there has been no such condemnation under the forms of the law as to entitle the city to en- ter upon and convert this property into a public highway . [ 13 ] ...
... plain construction of the plain- tiffs ' constitutional right , we hold that there has been no such condemnation under the forms of the law as to entitle the city to en- ter upon and convert this property into a public highway . [ 13 ] ...
Page 66
... plain that they all dealt with fixed conditions arising prior to the adoption of the last Constitution . They yet clearly show the interpretation which the courts were put- ting upon the matter of attaching outlying territory to a city ...
... plain that they all dealt with fixed conditions arising prior to the adoption of the last Constitution . They yet clearly show the interpretation which the courts were put- ting upon the matter of attaching outlying territory to a city ...
Page 83
... plain- pany is barred and estopped from defend- tiff thus invoking the plea of former adjudi- ing this action on any of the grounds which cation in permitting a complainant in a bill were or might have been alleged , claimed , in equity ...
... plain- pany is barred and estopped from defend- tiff thus invoking the plea of former adjudi- ing this action on any of the grounds which cation in permitting a complainant in a bill were or might have been alleged , claimed , in equity ...
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Common terms and phrases
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.