The Southwestern Reporter, Volume 137West Publishing Company, 1911 - Law reports, digests, etc |
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Common terms and phrases
acres affirmed agent alleged amount answer Appeal and Error appellant appellant's appellee attorney bank bond cause of action Cent charge circuit court claim contract corporation Coun counsel court erred Court of Appeals Court of Civil CRIMINAL LAW damages deceased deed of trust defendant defendant's demurrer dence employés entitled evidence execution fact fendant filed held Henderson county homestead injury instruction issue Judge judgment jury Kuttawa land lien Louis Lubbock county McLennan county ment Missouri motion negligence Note Note.-For option law overruled paid parties payment person petition plaintiff plaintiff in error pleadings premium probate question railroad Railway Company reason record refused Rehearing rendered rule servant Socorro statute sufficient suit sustained testified testimony Texas thereof tiff tion train trial court try title Van Zandt county verdict witness
Popular passages
Page 252 - ... no law shall be revived, amended, or the provisions thereof extended or conferred, by reference to its title only; but so much thereof as is revived, amended, extended, or conferred shall be reenacted and published at length...
Page 14 - Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1.
Page 208 - ... is a trial by a jury of twelve men, in the presence and under the superintendence of a judge empowered to instruct them on the law and to advise them on the facts, and (except on acquittal of a criminal charge) to set aside their verdict if in his opinion it is against the law or the evidence.
Page 115 - A conviction cannot be had upon the testimony of an accomplice unless it be corroborated by such other evidence as shall tend to connect the defendant with the commission of the offense; and the corroboration is not sufficient if it merely shows the commission of the offense or the circumstances thereof.
Page 188 - ... but it may be asserted broadly that if, In any negotiations or transactions with the insured after knowledge of the forfeiture, it recognizes the continued validity of the policy, or does acts based thereon, or requires the Insured, by virtue thereof, to do some act or incur some trouble or expense, the forfeiture is, as a matter of law, waived; and it is now settled in this court, after some difference of opinion, that such a waiver need not be based upon any new agreement or an estoppel.
Page 97 - And as to all the rest, residue and remainder of my estate and effects whatsoever and wheresoever...
Page 55 - ... be said as a matter of law that he was guilty of contributory negligence...
Page 27 - ... 1. A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action ; 2. In an action arising on contract, any other cause of action arising also on contract, and existing at the commencement of the action.
Page 240 - the obligation to do justice rests upon all persons, natural or artificial, and if a county obtains the money or property of others without authority, the law, independent of any statute, will compel restitution or compensation.
Page 244 - No variance between the allegation in a pleading and the proof is to be deemed material, unless it has actually misled the adverse party to his prejudice in maintaining his action or defense upon the merits.