The Southwestern Reporter, Том 66West Publishing Company, 1902 |
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Стр. 4
... suit to recover of appellee damages for the loss of his life , charging that his injury was by reason of the negligence of ap- pellee and its servants . The circuit court dismissed the petition on the ground that the cause of action was ...
... suit to recover of appellee damages for the loss of his life , charging that his injury was by reason of the negligence of ap- pellee and its servants . The circuit court dismissed the petition on the ground that the cause of action was ...
Стр. 13
... suit in equi- ty in the Menefee circuit court to enforce his liens on the lands sold by him to Stacy , and also upon the land sold by Arch Childers to Stacy . Watson was not made a party to this proceeding . Stacy , in his answer ...
... suit in equi- ty in the Menefee circuit court to enforce his liens on the lands sold by him to Stacy , and also upon the land sold by Arch Childers to Stacy . Watson was not made a party to this proceeding . Stacy , in his answer ...
Стр. 38
... suit against J. Easton Cooke on two promissory notes ex- ecuted and delivered by him to Clark , ag- gregating ... suit brought within five years after the payment , trans- fer or delivery . " Sec . 1958. If such loser or his creditor ...
... suit against J. Easton Cooke on two promissory notes ex- ecuted and delivered by him to Clark , ag- gregating ... suit brought within five years after the payment , trans- fer or delivery . " Sec . 1958. If such loser or his creditor ...
Стр. 40
... suit was brought by the party holding the note with a gaming consideration , the loser's honor would prevent him from protecting his family and creditors ; so judgment would go against him which would conclude the rights of all , if the ...
... suit was brought by the party holding the note with a gaming consideration , the loser's honor would prevent him from protecting his family and creditors ; so judgment would go against him which would conclude the rights of all , if the ...
Стр. 44
... suit was premature , inasmuch as the tenant by curtesy was still alive , and the right to recovery by the remainder - men had not accrued . Hence the suit as to them was dismissed , but without prejudice , and they appealed from the ...
... suit was premature , inasmuch as the tenant by curtesy was still alive , and the right to recovery by the remainder - men had not accrued . Hence the suit as to them was dismissed , but without prejudice , and they appealed from 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.