The Southwestern Reporter, Volume 132West Publishing Company, 1911 - Law reports, digests, etc |
From inside the book
Results 1-5 of 100
Page 16
... party against whom the action is brought was malicious and without probable cause , cannot recover damages , however ill - founded and wrongful the action may have been . Payment of costs seems to be the only lia- bility resting upon a ...
... party against whom the action is brought was malicious and without probable cause , cannot recover damages , however ill - founded and wrongful the action may have been . Payment of costs seems to be the only lia- bility resting upon a ...
Page 35
... party intending to sue for per- formance to put himself in a position to com- plain of the other party by showing the latter's default , and to do this a tender of performance must be made , unless it can be shown that the tender if ...
... party intending to sue for per- formance to put himself in a position to com- plain of the other party by showing the latter's default , and to do this a tender of performance must be made , unless it can be shown that the tender if ...
Page 36
... party , that would excuse a tender to him , party fails or refuses to pay balance of pur- since he has by such act for all practical chase price as above set forth , then the first purposes repudiated or abandoned the con- payment above ...
... party , that would excuse a tender to him , party fails or refuses to pay balance of pur- since he has by such act for all practical chase price as above set forth , then the first purposes repudiated or abandoned the con- payment above ...
Page 51
... party to acquiesce apparently in the rulings of the court and then , after the day had gone against him , to complain of those rulings . That is the rea- son that lies behind the rule that a party must object at the time to the giving ...
... party to acquiesce apparently in the rulings of the court and then , after the day had gone against him , to complain of those rulings . That is the rea- son that lies behind the rule that a party must object at the time to the giving ...
Page 86
... party and alleg- ed that the payee exercised undue influence over the maker while occupying the relation of at- torney to her , evidence that the payee , after the action was brought , had stated that , while he had taken the note , he ...
... party and alleg- ed that the payee exercised undue influence over the maker while occupying the relation of at- torney to her , evidence that the payee , after the action was brought , had stated that , while he had taken the note , he ...
Contents
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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.