The South Western Reporter, Volume 95West Publishing Company, 1906 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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acres action affirmed aforesaid alleged appellant appellant's appellee attorney authority bank bill of exceptions cause Cent charge circuit court claim Clay county Company complained contract court of equity damages death deceased decree deed deed of trust defendant defendant's dence engine entitled error evidence executed facts fendant filed Frederick Seymour held Hempstead County indictment injury instruction issue judge judgment jury land lease Louis McCann ment Missouri motion negligence Note.-For opinion overruled parties person petition plaintiff plaintiff in error pleadings possession prosecution purchase question railroad Railway Ralls county reason record recover rule Sebastian county sold statute statute of frauds sufficient suit Supreme Court testator testified testimony thereof tiff tion track tract train trial court trust try title verdict wife witness
Popular passages
Page 317 - Upon principle, every statute which takes away or impairs vested rights acquired under existing laws, or creates a new obligation, imposes a new duty, or attaches a new disability, in respect to transactions or considerations already past, must be deemed retrospective.
Page 276 - Appellant contends that the evidence shows as a matter of law that plaintiff was guilty of contributory negligence.
Page 317 - It is indeed the general rule that a policy, and the money to become due under it, belong, the moment it is issued, to the person or persons named in it as the beneficiary or beneficiaries : and that there is no power in the person procuring the insurance, by any act of his, by deed or by will, to transfer to any other person the interest of the person named.
Page 150 - No suit or action on this policy for the recovery of any claim shall be sustainable in any court of law or equity until after full compliance by the insured with all the foregoing requirements, nor unless commenced within twelve months next after the fire.
Page 373 - A charity, in the legal sense, may be more fully defined as a gift, to be applied, consistently with existing laws, for the benefit of an indefinite number of persons, either by bringing their minds or hearts under the influence of education or religion, by relieving their bodies from disease, suffering or constraint, by assisting them to establish themselves in life, or by erecting or maintaining public buildings or works or otherwise lessening the burdens of government.
Page 164 - ... any interest in or concerning them, or upon any agreement that is not to be performed within the space of one year from the making thereof, unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith...
Page 39 - The judgment was for the money, and the presumption is, in the absence of anything in the record to the contrary, that before it was rendered the court had become judicially satisfied that the property could not be returned.
Page 196 - At the close of the plaintiff's evidence the defendant asked an Instruction in the nature of a demurrer to the evidence, which was refused, and exception taken.
Page 326 - At the close of plaintiff's evidence and again at the close of all the evidence...
Page 259 - ... careful examination of all the evidence that it fails to show any motive on the part of the accused to commit the crime charged against him, then this is a circumstance which the jury ought to consider, in connection with all the other evidence in the case, in making up their verdict.