The Southwestern Reporter, Volume 78West Publishing Company, 1904 - Law reports, digests, etc |
Other editions - View all
Common terms and phrases
action affirmed agent alleged amount Appeal from Circuit Appeals of Kentucky Appeals of Texas appellant appellant's appellee appellee's assignment authority cause charge Circuit Court Civil Appeals claim coccyx Company contract contributory negligence Court of Appeals Court of Civil damages death deed deed of trust defendant's demurrer dence district dramshop election entitled error evidence fact favor fendant filed held Henry county injury instruction issue Judge judgment jury land lant's liable lien ment mortgage motion negligence Nelson county opinion paid pany party passenger payment pellant person petition plaintiff plaintiff in error pleaded primary election purchase question railroad Railway Ralls County reason record recover reversed REYBURN rule statute street suit sustained testator testified testimony Texas thereof tiff tion track train verdict witness
Popular passages
Page 188 - So, in every case, where a statute enacts, or prohibits a thing for the benefit of a person, he shall have a remedy upon the same statute for the thing enacted for his advantage, or for the recompense of a wrong done to him contrary to the said law.
Page 156 - No variance between the allegation in a pleading and the proof is to be deemed material, unless it has actually misled the adverse party to his prejudice in maintaining his action or defense upon the merits.
Page 429 - The party holding the affirmative of the issue must produce the evidence to prove it; therefore, the burden of proof lies on the party who would be defeated if no evidence were given on either side.
Page 295 - With respect to all verbal admissions, it may be observed that they ought to be received with great caution. The evidence, consisting as it does in the mere repetition of oral -statements, is subject to much imperfection and mistake ; the party himself either being misinformed or not having clearly expressed his own meaning, or the witness having misunderstood him. It frequently happens, also, that the witness, by unintentionally altering a few of the expressions really used, gives an effect to the...
Page 391 - The plea of res judicata applies, except in special cases, not only to points upon which the Court was actually required by the parties to form an opinion and pronounce a judgment, but to every point which properly belonged to the subject of litigation, and which the parties, exercising reasonable diligence, might have brought forward at the time.
Page 391 - It is a finality as to the claim or demand in controversy, concluding parties and those In privity with them, not only as to every matter which was offered and received to sustain or defeat the claim or demand, but as to any other admissible matter which might have been offered for that purpose.
Page 145 - Behold, a sower went forth to sow ; and when he sowed, some seeds fell by the way side, and the fowls came and devoured them up: some fell upon stony places, where they had not much earth: and forthwith they sprung up, because they had no deepness of earth: and when the sun was up, they were scorched; and because they had no root, they withered away.
Page 205 - Insurance; provided, that the cause of action upon a contract, obligation or liability evidenced by a certificate, or abstract or guaranty of title of real property or policy of title insurance shall not be deemed to have accrued until the discovery of the loss or damage suffered by the aggrieved party thereunder.
Page 442 - Any interest in or claim to real estate may be disposed of by deed or will.
Page 378 - The assured will keep a set of books, which shall clearly and plainly present a complete record of business transacted, including all purchases, sales, and shipments, both for cash and credit...