The South Western Reporter, Volume 39West Publishing Company, 1897 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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action affirmed alleged amended amount Appeals of Texas appellant appellee Bank Bell county bill bond Buchanan county cars cause charge circuit court Civil Appeals claim complainant contract conveyed county court court of chancery Court of Civil court of equity creditors damages debt deed of trust defendant demurrer district court evidence executed facts favor fendant filed Galveston Grayson county held Hunt county indictment injury instruction interest issue John Moran Packing Judge judgment jury land McLennan county ment mortgage motion Navarro county negligence opinion option law overruled paid party payment person petition plaintiff plaintiff in error pleaded possession purchase question railroad company Railway Company recover rendered reversed sold statute street sued suit supreme court Tenn testified testimony thereof tion tract trial verdict wife witness writ
Popular passages
Page 361 - ... this company shall not be liable beyond the actual cash value of the property at the time any loss or damage occurs, and the loss or damage shall be ascertained or estimated according to such actual cash value, with proper deduction for depreciation however caused, and shall in no event exceed what it would then cost the insured to repair or replace the same with material of like kind and quality...
Page 30 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted.
Page 362 - Said ascertainment or estimate shall be made by the insured and this company, or, if they differ, then by appraisers, as hereinafter provided; and the amount of loss or damage having been thus determined, the sum for which this company is liable pursuant to this policy shall be payable sixty days after due notice, ascertainment, estimate, and satisfactory proof of the loss have been received by this company in accordance with the terms of this policy.
Page 112 - The case was tried before the court without a jury, and judgment was rendered in favor of the defendant.
Page 309 - August, 1903, the case was tried by the court without a jury, and judgment was rendered in favor of the defendant in error for the sum of 82,131.75, and foreclosure of lien, and costs of the action. Motion for a new trial was filed and overruled on the 19th day of August, 1903, and exceptions saved.
Page 61 - ... the seal affixed to said instrument is the corporate seal of said corporation (or association), and that...
Page 405 - In an action by a mortgagee for the foreclosure of his mortgage and sale of the mortgaged property, where it appears that the .mortgaged property is in danger of being lost, removed, or materially injured, or that the condition of the mortgage has not been performed, and that the property is probably insufficient to discharge the mortgage debt; 3.
Page 29 - And the said party of the second part agrees to pay to the party of the first part the rent as above stated, except when said premises are untenantable by reason of fire, or from any other cause than the carelessness of the party of the second part, or persons family, or in employ, or by superior force and inevitable necessity.
Page 257 - No person shall be elected or appointed to any office in this State, civil or military, who is not a citizen of the United States, and who shall not have resided in this State one year next preceding the election or appointment.
Page 255 - By an ex post facto law is meant one which imposes a punishment for an act which was not punishable at the time it was committed; or imposes additional punishment to that then prescribed...