The Southwestern Reporter, Volume 132West Publishing Company, 1911 - Law reports, digests, etc |
From inside the book
Results 1-5 of 100
Page 4
... liable to the plaintiff for the sum of $ 3,450 , and this defendant says that by said clause above referred to it was expressly provided that , if the death of the insured * was caused by poison , the limit of this defendant's liability ...
... liable to the plaintiff for the sum of $ 3,450 , and this defendant says that by said clause above referred to it was expressly provided that , if the death of the insured * was caused by poison , the limit of this defendant's liability ...
Page 15
... liable for In an action for wrongful attachment , inde- the destruction of property of adjacent own - pendent of a bond , plaintiff may recover as part of the actual damages sustained , expenses of ers by fire set out by sparks from the ...
... liable for In an action for wrongful attachment , inde- the destruction of property of adjacent own - pendent of a bond , plaintiff may recover as part of the actual damages sustained , expenses of ers by fire set out by sparks from the ...
Page 16
... liable is when he takes out the attachment in malice and without probable cause . These courts seem to lose sight of a distinction between a mistaken or wrongful prosecution of a suit , and a wrongful sei- zure and detention of one's ...
... liable is when he takes out the attachment in malice and without probable cause . These courts seem to lose sight of a distinction between a mistaken or wrongful prosecution of a suit , and a wrongful sei- zure and detention of one's ...
Page 17
... liable for the actual dam- age sustained . But it is earnestly urged that if the fore- going view should be conceded , the refused instruction was erroneous in that it author- ized , in estimating actual damages , the al- lowance of ...
... liable for the actual dam- age sustained . But it is earnestly urged that if the fore- going view should be conceded , the refused instruction was erroneous in that it author- ized , in estimating actual damages , the al- lowance of ...
Page 23
... liable for negligence in respect thereto . [ Ed . Note . - For other cases , see Master & Serv ant , Cent . Dig . § 172 ; Dec. Dig . §§ 101 , 102. * ] 4. MASTER AND SERVANT ( 8 265 * ) — INJURIES TO SERVANT - ACTION - BURDEN OF PROOF ...
... liable for negligence in respect thereto . [ Ed . Note . - For other cases , see Master & Serv ant , Cent . Dig . § 172 ; Dec. Dig . §§ 101 , 102. * ] 4. MASTER AND SERVANT ( 8 265 * ) — INJURIES TO SERVANT - ACTION - BURDEN OF PROOF ...
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Common terms and phrases
Affirmed alleged amount APPEAL AND ERROR Appeal from Circuit appellant appellant's appellee assessment Bell county bill cause of action Cent charge Circuit Court claim contract contributory negligence corporation counsel Court of Appeals CRIMINAL LAW damages deceased deed of trust defendant defendant's demurrer dence district duty employés engine evidence facts fendant filed garnishee guilty held indictment injury instruction insured interpleader issue Judge judgment jury killing land liable lien liquors Louis manslaughter MASTER AND SERVANT matter ment Missouri motion negligence Note Note.-For option law owner paid party person petition plaintiff plaintiff in error prosecution question railroad reason record refused reversed rule statute street suit Supreme Court testified testimony Texas thereof tiff tion track train trial court verdict wagon whisky wires witness Yell
Popular passages
Page 366 - To guard against transgressions of the high powers herein delegated, we declare that everything in this "Bill of Rights" is excepted out of the general powers of government, and shall forever remain inviolate, and all laws contrary thereto, or to the following provisions, shall be void.
Page 121 - ... if the hazard be increased by any means within the control or knowledge of the insured...
Page 382 - ... railroad, or transportation company issuing such receipt or bill of lading shall be entitled to recover from the common carrier, railroad, or transportation company on whose line the loss, damage or injury shall have been sustained the amount of such loss, damage, or injury as it may be required to pay to the owners of such property, as may be evidenced by any receipt, judgment, or transcript thereof.
Page 366 - It appears to me the worst instrument of arbitrary power, the most destructive of English liberty and the fundamental principles of law, that ever was found in an English law book.
Page 369 - The poorest man may in his cottage bid defiance to all the forces of the Crown. It may be frail — its roof may shake — the wind may blow through it — the storm may enter — the rain may enter — but the King of England cannot enter ! — all his forces dare not cross the threshold of the ruined tenement...
Page 315 - ... signed by the party to be charged therewith, or by some other person by him thereunto lawfully authorized.
Page 438 - The court must, in every stage of an action, disregard any error, or defect, in the pleadings or proceedings, which does not affect the substantial rights of the adverse party; and no judgment can be reversed or affected by reason of such error or defect.
Page 315 - Upon any agreement, that is not to be performed within one year from the making thereof; Unless the promise, contract or agreement, upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or by some person thereunto by him lawfully Authorized...
Page 104 - ... 105. Both conductors and enginemen are responsible for the" safety of their trains and, under conditions not provided for by the rules, must take every precaution for their protection. 106. In all cases of doubt or uncertainty the safe course must be taken and no risks run.
Page 265 - From the commencement of an action or special proceeding, or the service of an answer containing a counterclaim, the attorney who appears for a party has a lien upon his client's cause of action, claim or counterclaim, which attaches to a verdict, report, decision, judgment or final order In his client's favor and the proceeds thereof in whosoever hands they may come; and the lien cannot be affected by any settlement between the parties before or after Judgment or final order.