Cases Determined in the St. Louis and the Kansas City Courts of Appeals of the State of Missouri, Volume 132E. W. Stephens., 1908 |
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affirmed agent alleged answer appellant authority Bank Brunke Cape Girardeau cause of action circuit court cited claim concur contract contributory negligence corporation court erred Court of Appeals damages debt deceased deed defendant defendant's demurrer dence dollars endorsed entitled error estoppel evidence tending ex rel facts fendant filed garnishee held Huebler Huffman injury instructs the jury Insurance interpleader issue Judge judgment June 29 jurisdiction Kansas City Court land lien Louis marriage McElvain ment Metropolitan Street Railway Missouri mortgage motion negligence paid parties passenger payment Penn person petition plain plaintiff plaintiff in error pleaded proof purchase question Rail Railroad Railway reason record recover refused REMANDED replevin res adjudicata respondent Revised Statutes 1899 rule Shackelford statement street suit sustained tending to show testified testimony thereof tiff tion track train trial court ultra vires verdict witness
Popular passages
Page 151 - J., observed that in order for it to apply "there must be reasonable evidence of negligence, but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen, if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care.
Page 610 - November of that year, after a motion for a new trial and a motion in arrest of judgment...
Page 626 - Missouri parties of the first part and Wilson Likes of the County of Bath in the State of Kentucky party of the second part. Witnesseth, that the said parties of the first part in consideration of the sum of...
Page 501 - June [1677] all declarations or creations of trusts or confidences of any lands, tenements, or hereditaments, shall be manifested and proved by some writing signed by the party who is by law enabled to declare such trust, or by his last will in writing, or else they shall be utterly void and of none effect.
Page 491 - A trial is the judicial examination of the issues between the parties, -whether they be issues of law or of fact.
Page 237 - Now, Therefore, The condition of the foregoing obligation is such that if the said Principal shall well and truly indemnify and save harmles the said Obligee from any pecuniary loss resulting from the breach of any of the terms, covenants and conditions of the said contract on the part of the said Principal to be performed, then this obligation shall be void; otherwise to remain in full force and effect...
Page 515 - And for and in consideration of the sum of one dollar to me in hand paid, the receipt of which is hereby acknowledged, and in further consideration of services rendered and to be rendered and moneys to be advanced for court cost and other necessary expenses in this behalf by my said attorney in fact...