Cases Determined in the St. Louis and the Kansas City Courts of Appeals of the State of Missouri, Volume 48E. W. Stephens., 1893 |
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Common terms and phrases
affidavit affirmed agent alleged amount authority Bank bill of exceptions bond cause of action circuit court Circuit Court.-HON claim Connecticut Mut contract contributory negligence counsel court erred Court of Appeals damages defendant defendant's demurrer dramshop entitled error evidence tending ex rel fact filed finding fraud garnishees ground held injury instruction issue judgment jurisdiction jury justice Kansas City Court Knox land levy liable lien Louis Court ment Missouri mortgage Moser & Co motion negligence notice objection Pacific Express Co paid party payment person petition plaintiff plaintiff in error plea in abatement pleadings possession proceedings purchase question R. S. sec Railroad Ralls county reason record recover refused remanded remittitur replevin res adjudicata respondent reversed Revised Statutes ROMBAUER rule Smith sufficient suit supra supreme court sureties testimony thereof tion trial court verdict
Popular passages
Page 649 - It is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers and no others: First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the declared objects and purposes of the corporation — not simply convenient but indispensable.
Page 118 - It is a finality as to the claim or demand in controversy, concluding parties and those in privity with them, not only as to every matter which was offered and received to sustain or defeat the claim or demand, but as to any other admissible matter which might have been offered for that purpose.
Page 745 - 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 758 - ... must be founded on papers showing clearly that some question decisive of the case, and duly submitted by counsel, has been overlooked by the court...
Page 334 - The naming of a person executor in a will does not operate as a discharge or bequest of any just claim which the testator had against him; but it must be included among the credits and effects of the deceased in the inventory, and the executor shall be liable for the same as for so much money in his hands at the time the debt or demand becomes due...
Page 411 - No county, city, town, township, school district or other political corporation or subdivision of the state shall be allowed to become indebted in any manner, or for any purpose, to an amount exceeding in any year the income and revenue provided for such year, without the assent of two-thirds of the voters thereof, voting at an election to be held for that purpose...
Page 286 - ... the company shall be bound to pay the amount of the policy the same as if there had been no lapse of premium, anything in the policy to the contrary notwithstanding...
Page 755 - AUGUST 15, 1909. Rule 1. — Presiding Judge. The Presiding Judge shall superintend all matters of order in the Court Room. Rule 2 — Words Appellant and Respondent, What They Include. Whenever the words appellant or respondent appear in these rules...
Page 569 - Every person who shall either labor himself or compel his apprentice, servant or any other person under his charge or control to labor or perform any work other than the household offices of daily necessity, or other works of necessity or charity, on the first day of the week, commonly called Sunday, shall be deemed guilty of a misdemeanor, and fined not exceeding twenty-five dollars.
Page 3 - This entire policy shall be void if the insured has concealed or misrepresented, in writing or otherwise, any material fact or circumstance concerning this insurance or the subject thereof...