The Southwestern Reporter, Том 66West Publishing Company, 1902 |
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Стр. 39
... favor of Cooke after the payment of the debt or judg- ment against Clark , it likewise arose in favor of one of his creditors . If neither prosecut- ed an action to recover by reason thereof within six months , then the appellant has ...
... favor of Cooke after the payment of the debt or judg- ment against Clark , it likewise arose in favor of one of his creditors . If neither prosecut- ed an action to recover by reason thereof within six months , then the appellant has ...
Стр. 64
... favor against D. A. Kelly and the estate of M. D. Herring , deceased , defendants bring writ of error . Affirmed . Clark & Bolinger and D. A. Kelly , for plaintiffs in error . John W. Davis , for de- fendants in error . ROBERTSON ...
... favor against D. A. Kelly and the estate of M. D. Herring , deceased , defendants bring writ of error . Affirmed . Clark & Bolinger and D. A. Kelly , for plaintiffs in error . John W. Davis , for de- fendants in error . ROBERTSON ...
Стр. 65
... favor of plaintiff , and against the defendant Cox and the defendants who were sureties on his official bond , for $ 1 , - 630.33 , and over in their favor against D. A. Kelly and the estate of M. D. Herring , de- ceased , from which ...
... favor of plaintiff , and against the defendant Cox and the defendants who were sureties on his official bond , for $ 1 , - 630.33 , and over in their favor against D. A. Kelly and the estate of M. D. Herring , de- ceased , from which ...
Стр. 71
... favor of Bartlett & Lucas against Bisbey for the amount sued for , and in favor of the material men and laborers against Bartlett & Lucas for the respective amounts claimed by them . The liens assert- ed against the lot were denied and ...
... favor of Bartlett & Lucas against Bisbey for the amount sued for , and in favor of the material men and laborers against Bartlett & Lucas for the respective amounts claimed by them . The liens assert- ed against the lot were denied and ...
Стр. 73
... favor , stated that she could not tell its contents further than that it was an accident policy for $ 1,000 , and ... favor of the witness prior to his death , and to state the contents of said policies ; and erred in permitting the ...
... favor , stated that she could not tell its contents further than that it was an accident policy for $ 1,000 , and ... favor of the witness prior to his death , and to state the contents of said policies ; and erred in permitting the ...
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action affirmed alleged Appeal from circuit Appeals of Kentucky appellant appellant's appellee applied assignment attorney authority bill bond cause charge circuit court Civil Appeals claim contract Court of Civil damages debt deed of trust defendant defendant's district court Edward W entitled error evidence executed facts favor fendant filed formerly state reporter garnishees Harris county held homestead injury issue judge judgment jury Kentucky land liable lien Louisville ment Missouri mortgage motion N. R. Co negligence Oak Cliff opinion paid parties payment person petition plaintiff plaintiff in error pleaded prosecution purchase question quo warranto Railway reason record recover rendered Reported by Edward reversed sheriff statute suit supreme court sureties testified testimony thereof tiff tion tract trial court usurious Uvalde county verdict wife witness writ
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Стр. 95 - ... giving and granting unto my said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully, to all intents and purposes, as I might or could do if personally present, with full power of substitution and revocation; hereby ratifying and confirming all that my said attorney or his substitute shall lawfully do, or cause to be done, by virtue hereof.
Стр. 139 - That all levies, judgments, attachments, or other liens, obtained through legal proceedings against a person who is insolvent, at any time within four months prior to the filing of a petition in bankruptcy against him, shall be deemed null and void in case he is adjudged a bankrupt...
Стр. 71 - ... when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Стр. 109 - It is a finality as to the claim or demand in controversy, concluding parties and those In privity with them, not only as to every matter which was offered and received to sustain or defeat the claim or demand, but as to any other admissible matter which might have been offered for that purpose.
Стр. 109 - In all cases, therefore, where it is sought to apply the estoppel of a judgment rendered upon one cause of action to matters arising in a suit upon a different cause of action, the inquiry must always be as to the point or question actually litigated and determined in the original action, not what might have been thus litigated and determined. Only upon such matters is the judgment conclusive in another action.
Стр. 109 - In considering the operation of this judgment, it should be borne in mind, as stated by counsel, that there is a difference between the effect of a judgment as a bar or estoppel against the prosecution of a second action upon the same claim or demand, and its effect as an estoppel in another action between the same parties upon a different claim or cause of action.
Стр. 334 - The Legislature shall have no power to release or extinguish, or to authorize the releasing or extinguishing, in whole or in part, the indebtedness, liability or obligation of any corporation or individual, to this State or to any county or defined subdivision thereof, or other municipal corporation therein, except delinquent taxes which have been due for a period of at least ten years.
Стр. 419 - When, in the opinion of the court, it is proper for the jury to have a view of the property which is the subject of litigation, or of the place in which any material fact occurred, it may order them to be conducted, in a body, under the charge of an officer, to the place, which shall be shown to them by some person appointed by the court for that purpose. While the jury are thus absent, no person, other than the person so appointed, shall speak to them on any subject connected with the trial.
Стр. 126 - Texas, against said commission ae defendant Said action shall have precedence over all other causes on the docket of a different nature, and shall be tried and determined as other civil causes in said court. Either party...
Стр. 166 - Whenever an attempt is made to take private property for a use alleged to be public, the question whether the contemplated use be really public shall be a judicial question, and determined as such without regard to any legislative assertion that the use is public.