The Southwestern Reporter, Volume 90West 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 assignment attorney authority bill bond carrier cause Cent charge circuit court claim clerk contract conviction corporation court of equity criminal damages deceased deed defendant defendant's duty dying declaration election entitled error evidence execution facts fendant filed Grant Memorial Grayson County held indictment injury instruction issue judge judgment jurisdiction juror jury land liable lien Louis ment Missouri Morgan Williams motion motorman negligence Note.-For nunc pro tunc option law overruled parties passenger pellant Pemiscot county person petition plaintiff plaintiff in error pleaded prosecution question Railway reason record recover refused reversed rule statement statute suit Supreme Court sustained term testified testimony thereof ticket tiff tion track trial court verdict wife witness writ writ of error
Popular passages
Page 312 - ... where the death of the deceased is the subject of the charge, and the circumstances of the death the subject of the dying declarations (2).
Page 98 - ... a speedy public trial by an impartial jury of the county or district in which the offense is alleged to have been committed.
Page 423 - You are further instructed that you are the sole judges of the credibility of the witnesses and of the weight to be given to their testimony.
Page 333 - The district court shall have appellate jurisdiction and general supervisory control over the county commissioners court, with such exceptions an'd under such regulations as may be prescribed by law; and shall have general original jurisdiction over all causes of action whatever for which a remedy or jurisdiction is not provided by law or this Constitution, and such other jurisdiction, original and appellate, as may be provided by law.
Page 113 - In determining what is proximate cause, the true rule is that the injury must be the natural and probable consequence of the negligence; such a consequence as, under the surrounding circumstances of the case, might and ought to have been foreseen by the wrongdoer as likely to flow from his act.
Page 113 - The proximate cause of an event must be understood to be that which in a natural and continuous sequence, unbroken by any new, independent cause, produces that event, and without which that event would not have occurred.
Page 52 - The case, in this regard, is analogous to one arising under the clause of the Constitution which forbids -a State to pass any law impairing the obligation of contracts...
Page 306 - A judgment shall not be vacated on motion or petition, until it is adjudged that there is a valid defense to the action in which the judgment is rendered, or, if the plaintiff seeks its vacation, that there is a valid cause of action ; and where a judgment is modified, all liens and securities obtained under it shall be preserved to the modified judgment.
Page 14 - 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 283 - ... if the interest of the insured be other than unconditional and sole ownership; or if the subject of Insurance be a building on ground not owned by the insured in fee simple...