The Southwestern Reporter, Volume 92West Publishing Company, 1906 - Law reports, digests, etc |
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Common terms and phrases
action affirmed agent alleged Appeal from Circuit appellant appellant's appellee attorney authority cause cause of action Cent charge circuit court city of St clerk contract contributory negligence corporation county court court of equity damages deed of trust defendant defendant's demurrer duty error evidence fact feet fendant filed held injury instruction issue Judge judgment jurisdiction jury justice land liability Louis Louis county lumber March 21 ment Missouri motion negligence Note.-For officers option law ordinance owner paid party payment person petition plaintiff plaintiff in error pleadings proceeding prohibition prosecution purchase purpose question quo warranto railroad Railway reason record recover respondent road rule Siling sold statute street suit testified testimony thereof tiff tion track trial verdict Willow Springs witness writ writ of prohibition
Popular passages
Page 380 - This company shall not be liable for loss caused directly or indirectly by invasion, insurrection, riot, civil war or commotion, or military or usurped power, or by order of any civil authority ; or by theft ; or by neglect of the insured to use all reasonable means to save and preserve the property at and after a fire, or when the property is endangered by fire in neighboring premises...
Page 60 - No county, city, town, township, board of education, or school district, shall incur any indebtedness or liability in any manner or for any purpose exceeding in any year the income and revenue provided for such year, without the assent of two-thirds of the qualified electors thereof, voting at an election to be held for that purpose...
Page 306 - A proposal to accept, or an acceptance, upon terms varying from those offered, is a rejection of the offer...
Page 344 - No person duly authorized to practice physic or surgery shall be allowed to disclose any information which he may have acquired in attending any patient in his professional character, and which information was necessary to enable him to prescribe for such patient as a physician, or to do any act for him as a surgeon: Prnrldcd, however.
Page 9 - Ex dolo malo non oritur actio,' is limited by no such qualification. The proposition to the contrary strikes us as hardly worthy of serious refutation. Whenever the illegality appears, whether the evidence comes from one side or the other, the disclosure is fatal to the case. No consent of the defendant can neutralize its effect. A stipulation in the most solemn form to waive the objection would be tainted with the vice of the original contract. and void for the same reasons. Wherever the contamination...
Page vii - A brief of the argument, exhibiting a clear statement of the points of law or fact to be discussed, with a reference to the pages of the record and the authorities relied upon in support of each point.
Page 361 - Absolute safety is unattainable, and employers are not insurers. They are liable for the consequences, not of danger, but of negligence; and the unbending test of negligence in methods, machinery, and appliances is the ordinary usage of the business.
Page 361 - ... no jury can be permitted to say that the usual and ordinary way, commonly adopted by those in the same business, is a negligent way for which liability shall be imposed.
Page 305 - It is an undeniable principle of the law of contracts that an offer of a bargain by one person to another imposes no obligation upon the former until it is accepted by the latter, according to the terms in which the offer is made.
Page 117 - The test to determine whether one who renders service to another does so as a contractor or not is to ascertain whether he renders the service in the course of an independent occupation, representing the will of his employer only as to the result of his work, and not as to the means by which it is accomplished.