Cases Argued and Decided in the Supreme Court of Mississippi ..., Volume 98Mississippi. Supreme Court, Thomas Alexander Marshall, William C. Smedes, Volney Erskine Howard, Robert John Walker, John Franklin Cushman, James Zachariah George E.W. Stephens Publishing Company, 1912 |
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98 Miss action alleged allowed amended amount answer appellee applied asked attorney authority bank believe bill bonds Brief for appellant cause charge circuit court cited claim Code common complainant Constitution contended contract corporation cotton counsel court creditors damages decree deed defendant delivered direct district dollars duty effect engine entitled error evidence execution facts filed follows fund further give given granted guilty held hold hundred injury instruction interest issue judge judgment jurisdiction jury justice land liable matter means ment Mississippi motion necessary negligence notice objection officer Opinion party person plaintiff present proceedings question railroad company reason received record reference refused reversed roads rule sheriff shown South statement statute submit suit supreme court sustained taken term testified testimony tion train trial true trust verdict witness
Popular passages
Page 761 - Provided, that when any bankrupt shall have any insurance policy which has a cash surrender value payable to himself, his estate, or personal representatives, he may within thirty days after the cash surrender value has been ascertained and stated to the trustee by the company issuing the same, pay or secure to the trustee the sum so ascertained and stated, and continue to hold, own and carry such policy free from the claims of the creditors participating in the distribution of his estate under the...
Page 168 - But the testimony so given shall not be used in any prosecution or proceeding, civil or criminal, against the person so testifying, except for perjury in giving such testimony.
Page 88 - ENACTED, that, On every Such trial, the jury sworn to try the issue may give a general verdict of guilty or not guilty upon the whole matter put in issue...
Page 90 - Matter put in issue upon such indictment or information ; and shall not be required or directed, by the court or judge before whom such indictment or information shall be tried, to find the defendant or defendants guilty merely on the proof of the publication by such defendant or defendants of the paper charged to be a libel, and of the sense ascribed to the same in such indictment or information.
Page 200 - ... after the agreement has been reduced into writing, it is competent to the parties, at any time before breach of it, by a new contract not in writing, either altogether to waive, dissolve, or annul the former agreement, or in any manner to add to, or subtract from, or vary, or qualify the terms of it, and thus to make a new contract, which is to be proved partly by the written agreement, and partly by the subsequent verbal terms engrafted upon what will be thus left of the written agreement.
Page vi - First District, Second District, - - Third District, Fourth District, Fifth District, Sixth District, Seventh District, Eighth District, - - ' Ninth District, Tenth District, Eleventh District...
Page 46 - Knowledge by an employee injured of the defective or unsafe character or condition of any machinery, ways or appliances shall not be a defense to an action for injury caused thereby, e.xcept as to conductors or engineers in charge of dangerous or unsafe cars or engines voluntarily operated by them.
Page 86 - ... In prosecutions for the publication of papers investigating the official conduct of officers, or men in a public capacity, or when the matter published is proper for public information, the truth thereof may be given in evidence; and, in all indictments for libels, the jury shall have the right to determine the law and the facts under the direction of the court, as in other cases.
Page 91 - ... aforesaid, it shall be lawful for the defendant, upon the trial of the cause, to give in evidence in his defence, the truth of the matter contained in the publication charged as a libel. And the jury who shall try the cause, shall have a right to determine the law and the fact, under the direction of the court, as in other cases.
Page 595 - ... constituting or requisite to the consummation of the offense occur in two or more counties, the jurisdiction is in either county.