The Southwestern Reporter, Volume 81West Publishing Company, 1904 - Law reports, digests, etc |
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Common terms and phrases
affirmed alleged Appeal from District Appeals of Texas appellant appellant's appellee attorney authority cause of action charge circuit court Civil Appeals claim commissioner contract contributory negligence convicted Coun county court Court of Civil court of equity damages deceased deed of trust defendant defendant's dence District Court entitled equity evidence executed fact favor fendant filed guilty held indictment injury instruction issue John Gallus Judge judgment jury land Louis ment Missouri mortgage motion negligence Nesbit opinion overruled parties pellant Penn person petition plaintiff plaintiff in error pleaded prosecution purchase question railroad company Railway Company reason record recover Rehearing rendered reversed Robert Hunter sold statute Stephens county street suit sustained tending to show testified testimony thereof Thomas Penn tiff tion track trial court try title verdict wife witness
Popular passages
Page 69 - ... such as may fairly and reasonably be considered either arising naturally, ie according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it.
Page 280 - ... that principle, which gives to the owner of the soil all that lies beneath his surface; that the land immediately below is his property, whether it is solid rock, or porous ground, or venous earth, or part soil, part water; that the person who owns the surface may dig therein, and apply all that is there found to his own purposes at his free will and pleasure; and that if, in the exercise of such right, he intercepts or drains off the water collected from underground springs in his neighbour's...
Page 55 - Perpetuities and monopolies are contrary to the genius of a free government, and shall never be allowed; nor shall the law of primogeniture or entailments ever be in force in this state.
Page 213 - ... upon the result of any trial or contest of skill, speed or power of endurance, of man or beast...
Page 306 - Queen and you upon your respective trials, [or, in a capital case, "upon your life and death "] ; if therefore you or any of you will challenge them or any of them you must challenge them as they come to the book to be sworn, and before they are sworn, and you shall be heard.
Page 108 - ... being made, unless by the consent of such person; and, when taken, except. for the use of the state, such compensation shall be first made, or secured by a deposit of money; and no irrevocable or uncontrollable grant of special privileges or immunities shall be made; but all privileges and franchises granted by the legislature, or created under its authority, shall be subject to the control thereof.
Page 207 - If the jury believe from the evidence that the plaintiff knew, or by the exercise of ordinary care could have known...
Page 11 - Every judicial action must therefore involve the following elements: a primary right possessed by the plaintiff, and a corresponding primary duty devolving upon the defendant ; a delict or wrong done by the defendant which consisted in a breach of such primary right and duty; a remedial right in favor of the plaintiff and a remedial duty resting on the defendant springing from this delict, and finally the remedy or relief itself. Every action, however complicated or however simple, must contain these...
Page 240 - no money shall be paid out of the State treasury except in pursuance of appropriations made by law...
Page 171 - It is a universal rule in equity never to enforce either a penalty or a forfeiture.