The Southwestern Reporter, Volume 121West Publishing Company, 1909 - Law reports, digests, etc |
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Common terms and phrases
affirmed alleged APPEAL AND ERROR appellant appellee appointment authority bonds caboose cause of action Cent charge circuit court claim condition Constitution construction contract corporation counsel damages death deceased deed defendant defendant's dence district duty Ellis county employés engine entitled evidence executed facts favor fendant filed Francois county held injury instruction issue judge judgment jury Kerens land Legislature Louis Louis Southwestern Railway lumber MASTER AND SERVANT matter ment Missouri mortgage Mosier negligence Note Note.-For opinion option law pany party passenger person petition plaintiff plaintiff in error purchase question Ragel railroad company reason record recover rendered road rule statute suit supersedeas bond Supreme Court switch telegraph term testified testimony Texarkana Texas thereof tiff tion track tract train trial court verdict wife witness
Popular passages
Page 277 - The general principle announced in numerous cases is that a right, question, or fact distinctly put in issue, and directly determined by a court of competent jurisdiction, as a ground of recovery, cannot be disputed in a subsequent suit between the same parties or their privies...
Page 104 - A communication made bona fide upon any subject-matter In which the party communicating has an interest, or in reference to which he has a duty, is privileged if made to a person having a corresponding interest or duty, although it contain criminatory matter, which, without this privilege, would be slanderous and actionable...
Page 89 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Page 52 - Having no absolute right of recognition in other States, but depending for such recognition and the enforcement of its contracts upon their assent, it follows, as a matter of course, that such assent may be granted upon such terms and conditions as those States may think proper to impose. They may exclude the foreign corporation entirely ; they may restrict its business to particular localities, or they may exact such security for the performance of its contracts with their citizens as in their judgment...
Page 66 - Louisiana, that within thirty days after the passage of this act, the Governor of the State, with the advice and consent of the Senate, shall appoint five competent persons to serve as a Board of Arbitration and Conciliation in the manner hereinafter provided.
Page 198 - An Act to aid in the Construction of Telegraph Lines, and to secure to the Government the use of the same for postal, military and other purposes...
Page 377 - Is unconstitutional, that fact does not authorize the courts to declare the remainder void also, unless all the provisions are connected In subject-matter, dependent on each other, operating together for the same purpose, or otherwise so connected together In meaning that It cannot be presumed the Legislature would have passed the one without the other.
Page 371 - Gray, 84, is applicable, that if the different parts 'are so mutually connected with and dependent on each other, as conditions, considerations or compensations for each other, as to warrant a belief that the legislature intended them as a whole, and that, if all could not be carried into effect, the legislature would not pass the residue independently, and some parts are unconstitutional, all the provisions which are thus dependent, conditional or connected, must fall with them.* Or, as the point...
Page 20 - The distinction is very clear, where mutual covenants go to the whole of the consideration on both sides, they are mutual conditions, the one precedent to the other. But where they go only to a part, where a breach may be paid for in damages, there the defendant has a remedy on his covenant, and shall not plead it as a condition precedent.
Page 378 - The rule applicable here is, that effect is to be given, if possible, to the whole instrument, and to every section and clause. If different portions seem to conflict, the courts must harmonize them, if practicable, and must lean in favor of a construction which will render every word operative, rather than one which may make some words idle and...