Cases Determined in the St. Louis and the Kansas City Courts of Appeals of the State of Missouri, Volume 50E. W. Stephens., 1893 |
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affirmed agent alleged amount assessment attachment attorney authority Babbitt metal Bank bill of exceptions bond cause of action circuit court Circuit Court.-HON cited claim clerk concur contract contributory negligence counsel court erred Court of Appeals court of equity creditors damages defendant defendant's demurrer Dunklin county entitled equity evidence tending ex rel execution fact filed Glardon injury instruction interpleader Iowa issue Judge judgment June 13 jurisdiction jury Kansas City Court Knights of Pythias land levy liable lien lodge Louis ment Missouri mortgage motion N. E. Rep negligence nuisance opinion owner paid party payment petition plaintiff plaintiff in error pleaded possession purchase question Railroad reason record recover refused replevin respondent Revised Statutes rule shaft Smith street suit supra sureties tax bill testified testimony thereof tiff tion trial court verdict void witness
Popular passages
Page 677 - 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 676 - It has been accordingly held that passenger carriers bind themselves to carry safely those whom they take into their coaches, as far as human care and foresight will go, that is, for the utmost care and diligence of very cautious persons, and of course they are responsible for any, even the slightest, neglect.
Page 759 - Is applied for, the motion shall state the defect In the transcript which it is designed to supply, and shall be verified by affidavit. At least twenty-four hours' notice shall be given to the adverse party, or his attorney, previous to making the application.
Page 621 - Wherever the bodily or mental feelings of an individual are material to be proved, the usual expressions of such feelings are original and competent evidence.
Page 759 - Whenever the words appellant or respondent appear in these rules it shall be taken to mean and include plaintiff or defendant in error, or other parties occupying like positions in a cause, and when the term appeal is used it shall be held...
Page 102 - ... of the legislature in conferring them. If granted for public purposes exclusively, they belong to the corporate body in its public, political, or municipal character. But if the grant was for purposes of private advantage and emolument, though the public may derive a common benefit therefrom, the corporation quo ad hoc is to be regarded as a private company.
Page 539 - ... third, those essential to the declared objects and purposes of the corporation — not simply convenient but indispensable. Any fair reasonable doubt concerning the existence of power is resolved by the courts against the corporation and the power is denied.
Page 319 - In an action brought to recover a balance due upon a mutual, open, and current account, where there have been reciprocal demands between the parties, the cause of action is deemed to have accrued from the time of the last item, proved in the account on either side.