The South Western Reporter, Volume 217West Publishing Company, 1920 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 adverse possession affirmed alleged amended answer appellant appellant's appellee attorney bank cause charge circuit court Civil Appeals claim Company Constitution contract contributory negligence county court court erred Court of Civil CRIMINAL LAW deceased deed of trust defendant defendant's demurrer Digests and Indexes evidence executed facts fendant filed Harris county held Indexes 217 injury instruction issue Judge judgment jurisdiction jury Key-Numbered Digests land lien Louis McLennan county ment Missouri mortgage motion negligence opinion overruled paid parties payment pellant person petition plaintiff plaintiff in error pleaded prosecution question quitclaim deed railroad reason record Rehearing reversible error rule statute sufficient suit Supreme Court sustained testator testified testimony Texas Thomas Walls tiff tion topic and KEY-NUMBER track tract trial court verdict wife witness writ
Popular passages
Page 285 - 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 309 - The general principle announced in numerous cases is that a right, question or fact distinctly put in issue and directly determined by a court of competent jurisdiction, as a ground of recovery, cannot be disputed in a subsequent suit between the same partes or their privies; and even if the second suit is for a different cause of action, the right, question or fact once so determined must, as between the same parties or their privies, be taken as conclusively established, so long as the judgment...
Page 343 - No bill shall become a law which embraces more than one subject, that subject to be expressed in the title. All acts which repeal, revive or amend former laws, shall recite in their caption, or otherwise, the title or substance of the law repealed, revived or amended.
Page 110 - Any person who, with intent to defraud, shall make or draw or utter or deliver any check, draft or order for the payment of money, upon any bank or other depository, knowing at the time of such making, drawing, uttering or delivering, that the maker, or drawer, has not sufficient funds in or credit with such bank or other depository, for the payment of such check, draft, or order, in full, upon its presentaFeiony.
Page 95 - Signed, sealed, published and declared by the said John Alden, 2nd, as and for his last will and testament, in the presence of us, who, at his request, and in his presence, and in the presence of each other have subscribed our names as witnesses the day and year above written.
Page 319 - On this day of 1966, before me personally appeared to me known to be the persons described in and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed.
Page 466 - A special court room to be designated as the juvenile court room, shall be provided for the hearing of such cases, and the findings of the court shall be entered in a book or books to be kept for that purpose, and known as the "Juvenile Record," and the court may for convenience be called the "Juvenile Court.
Page 245 - Provided, that in actions by or against executors, administrators, or guardians, in which judgment may be rendered for or against them, neither party shall be allowed to testify against the other, as to any transaction with, or statement by, the testator, intestate, or ward, unless called to testify thereto by the opposite party, or required to testify thereto by the court.
Page 130 - It is undoubtedly true that there may be cases where one part of a statute may be enforced as constitutional, and another be declared inoperative and void, because unconstitutional; but these are cases where the parts are so distinctly separable that each can stand alone, and where the court is able to see, and to declare, that the intention of the legislature was that the part pronounced valid should be enforcable, even though the other part should fail.
Page 160 - ... sudden passion arising from an adequate cause, by which it is meant such cause as would commonly produce a degree of anger, rage, resentment, or terror in a person of ordinary temper sufficient to render the mind incapable of cool reflection, and in appropriate terms in the charge to apply the law to the facts as developed from the evidence.