The Texas Civil Appeals Reports: Cases Argued and Determined in the Courts of Civil Appeals of the State of Texas
State of Texas, 1908
Cases argued and determined in the Courts of Civil Appeals of the State of Texas.
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acres action admissible affirmed agent alleged amount answer appellant appellant's appellee appellee's application assignment of error ASSOCIATE authority believe cattle cause charge claim Company complained condition consideration construction contract conveyed County damages debt Decided deed defendant District Court duty effect engine evidence exceptions executed fact failed failure favor filed follows further give given ground held hold homestead husband injury instructed interest issue judgment jury land liable lien limitation matter negligence notice objection operating opinion parties person petition plaintiff pleadings possession presented purchase question Railway Company reason received record recover refused rendered result reversed rule running S. W. Rep secure shown sold statement statute submitted sufficient suit sustained testified testimony Texas Civ thereof track train trial Tried verdict wife witness
Page 175 - 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 19 - ... the person receiving it, or to be benefited thereby, or his agent acting therein, shall then have reasonable cause to believe that the enforcement of such judgment or transfer would effect a preference, it shall be voidable by the trustee and he may recover the property or its value from such person...
Page 116 - Appellant's third, fourth, fifth, sixth, seventh, and twenty-second assignments of error relate to the refusal of the court to submit to the jury the question of contributory negligence on the part of...
Page 19 - ... transfer will be to enable any one of his creditors to obtain a greater percentage of his debt than any other of such creditors of the same class.
Page 407 - Every act shall embrace but one subject, and matters properly connected therewith; which subject shall be expressed in the title. But if any subject shall be embraced in an act, which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be expressed in the title.
Page 283 - ... 4724. View by the Jury. AVhenever, in the opinion of the court, it is proper for the jury to have a view of the property which is the subject of litigation, or of the place in which any material fact occurred...
Page 352 - If the assured, being in the possession of his ordinary reasoning faculties, from anger, pride, jealousy, or a desire to escape from the ills of life, intentionally takes his own life, the proviso attaches, and there can be no recovery. If the death is caused by the voluntary act of the assured, he knowing and intending that his death shall be the result of his act, but when his reasoning faculties are so far impaired that he is not able to understand the moral character, the general nature, consequences,...
Page 405 - ... By the general concurrence of opinion of every civilized and Christian community there are few sources of crime and misery to society equal to the dram shop, where intoxicating liquors, in small quantities, to be drunk at the time, are sold indiscriminately to all parties applying. The statistics of every State show a greater amount of crime and misery attributable to the use of ardent spirits obtained at these retail liquor saloons than to any other source.
Page 283 - The verdict of a jury is either general or special. A general verdict Is that by which they pronounce generally upon all or any of the issues, either in favor of the plaintiff or defendant: a special verdict is that by which the jury find the facts only, leaving the judgment to the court.