The South Western Reporter, Volum 161
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 agreed alleged amount answer appellant appellee assignment authority bank bill cause Cent charge claim considered contract corporation court Criminal crossing damages debt deed defendant defendant's district duty effect engine error evidence executed facts failed filed follows further give given ground held homestead injury instruction interest issue Judge judgment jury Key-No land liability limitation matter ment motion necessary negligence Note.-For NUMBER in Dec objection opinion paid parties person petition plaintiff pleaded possession present purchase question railroad reason received record recover referred refused reversed rule section NUMBER Series shown statement statute street sufficient suit testified testimony Texas tion topic and section track tract train trial wife witness
Side 441 - On the other hand, the promisee may, if he thinks proper, treat the repudiation of the other party as a wrongful putting an end to the contract, and may at once bring his action as on a breach of it; and in such action he will be entitled to such damages as would have arisen from the non-performance of the contract at the appointed time, subject, however, to abatement in respect of any circumstances which may have afforded him the means of mitigating his loss.
Side 242 - Territories and any foreign nation or nations, shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce, or, in case of the death of such employee, to his or her personal representative, for the benefit of the surviving widow or husband and children of such employee; and, if none, then of such employee's parents; and, if none, then of the next of kin dependent upon such employee...
Side 90 - ... but the damages shall be diminished by the jury In proportion to the amount of negligence attributable to such employee. All questions of negligence and contributory negligence shall be for the jury.
Side 88 - In the determination of all questions of fact, the sole responsibility is with the jury. You are the sole judges of the evidence, of the weight of the evidence, and of the credibility of the witnesses.
Side 274 - ... therefore of the opinion that the judgment of the circuit court should be reversed.
Side 275 - no action shall be brought whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person, 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, or some other person thereunto by him lawfully authorized.
Side 107 - Now, if the evidence raises in your minds a reasonable doubt as to the presence of the defendant at the place where the offense was committed at the time of the commission thereof, you will find the defendant 'not guilty.
Side 263 - SEC. 4. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed ; and whereas an emergency exists, this ordinance shall be in effect upon and immediately after its passage.
Side 41 - Lenard, his heirs and assigns forever; and I do hereby bind myself, my heirs, executors and administrators, to Warrant and Forever Defend all and singular the said premises unto the said GW Lenard, his heirs and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof.