The Southwestern Reporter, Volume 73West Publishing Company, 1903 - Law reports, digests, etc |
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Common terms and phrases
action affirmed agent alleged amount answer appellant appellant's appellee application assignment attorney Butler county cause certificate charge circuit court claim consignees contract contributory negligence Court of Appeals damages Daniel Johnston deceased deed of trust defendant defendant's dence dying declarations entitled error evidence execution facts favor fendant filed held injury instruction issue Judge judgment jury justice land lease liable lien Louis March 17 ment Missouri motion negligence nonsuit notice option law owner paid pany parties payment petition plaintiff plaintiff in error possession purchase question railroad Railway Company reason record recover refused rendered rent respondent reversed REYBURN rule statute suit Temple Block testified testimony Texarkana thereof tiff tion track train trial court verdict wife witness writ
Popular passages
Page 82 - When it appears by the complaint that the plaintiff is entitled to the relief demanded, and such relief, or any part thereof, consists in restraining the commission or continuance of the act complained of, either for a limited period or perpetually; 2.
Page 107 - Real Estate and Real Property. The word "land" or "lands," and the words "real estate" and "real property" shall be construed to include lands, tenements and hereditaments and all rights thereto and interests therein.
Page 85 - There is no evidence in the case tending to show that the...
Page 197 - 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.
Page 79 - ... that such evidence tends to draw away the minds of the jurors from the point in issue, and to excite prejudice and mislead them ; and, moreover, the adverse party having had no notice of such a course of evidence is not prepared to rebut it.
Page 356 - The trustee of the estate of a bankrupt and his successor or successors, if any, upon his or their appointment and qualification, shall in turn be vested by operation of law with the title of the bankrupt...
Page 208 - Provided, that in actions where one of the original parties to the contract or cause of action in issue and on trial is dead...
Page 199 - ... 1 Greenleaf, 12th ed. § 108. See also 1 Bishop's Cr. Pro. §§ 10S3 to 1086. " The res gestee" Wharton said, " may be, therefore, defined as those circumstances which are the undesigned incidents of a particular litigated act, and which are admissible when illustrative of such act.
Page vi - ... and shall contain separate and apart from the argument or discussion of authorities, a statement, in numerical order, of the points relied on, together with a citation of authorities appropriate under each point.
Page 63 - ... to its former state, or to such state as not to unnecessarily impair its usefulness...