The South Western Reporter, Volume 56West Publishing Company, 1900 Includes the decisions of the Supreme Courts of Missouri, Arkansas, Tennessee, and Texas, and Court of Appeals of Kentucky; Aug./Dec. 1886-May/Aug. 1892, Court of Appeals of Texas; Aug. 1892/Feb. 1893-Jan./Feb. 1928, Courts of Civil and Criminal Appeals of Texas; Apr./June 1896-Aug./Nov. 1907, Court of Appeals of Indian Territory; May/June 1927-Jan./Feb. 1928, Courts of Appeals of Missouri and Commission of Appeals of Texas. |
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acres action affirmed agreed alleged amount answer Appeal from district Appeals of Texas appellant appellant's appellee attorney Bank bill of lading cause charge circuit court Civil Appeals claim complainant constitution contract counsel Court of Civil damages Davidson county debt deceased decree deed of trust defendant defendant's demurrer Dewitt county district court entitled evidence executed favor fendant filed Harris county homestead injury interest issue Judge judgment jury land levy lien Mabel Bush March 29 ment mortgage Nacogdoches county negligence overruled owner paid parties payment person petition plaintiff plaintiff in error pleaded purchase question railroad Railway Ramirez reason record recover refused rendered Sexton Bros statute Sternenberg sued suit supreme court sustained taxes Tenn testified testimony thereof tion tract Travis county trial court try title verdict wife witness
Popular passages
Page 156 - Each house shall keep a journal of its proceedings, and publish them weekly, except such parts of them as may require secrecy, and the yeas and nays of the members on any question shall, at the desire of any two of them, be entered on the journals.
Page 162 - The powers of the government of the State of Alabama shall be divided into three distinct departments; and each of them confided to a separate body of magistracy to wit, those which are legislative, to one; those which are executive to another, and those which are judicial to another.
Page 283 - Insurance is authorized to write, policies so providing — "(a) In case of death, permanent disability which prevents the person injured from performing any and every kind of duty pertaining to his occupation...
Page 160 - Each House of the General Assembly shall judge of the qualifications, elections and returns of its members, but a contested election shall be determined in such manner as shall be directed by law.
Page 284 - 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.
Page 284 - But where the second action between the same parties is upon a different claim or demand, the judgment in the prior action operates as an estoppel only as to those matters in issue or points controverted, upon the determination of which the finding or verdict was rendered.
Page 381 - ... defectively or imperfectly stated or omitted, and without which it is not to be presumed that either the judge would direct the jury to give or the jury would have given the verdict, such defect, imperfection, or omission is cured by the verdict...
Page 298 - The legislature shall, as soon as conveniently may be, provide, by law, for the establishment of schools throughout the State, in such manner that the poor may be taught gratis.
Page 158 - In any case in which this question is answered in the affirmative, the courts are not at liberty to inquire into the proper exercise of the power. They must assume that legislative discretion has been properly exercised. If evidence was required, it must be supposed that it was before the legislature when the act was passed; and if any special finding was required to warrant the passage of the particular act, it would seem that the passage of the act itself might be held equivalent to such finding.
Page 374 - It may, however, be stated generally, that due process of law requires an orderly proceeding, adapted to the nature of the case, in which the citizen has an opportunity to be heard, and to defend, enforce, and protect his rights. A hearing or an opportunity to be heard is absolutely essential. We cannot conceive of due process of law without this.