The Texas Civil Appeals Reports: Cases Argued and Determined in the Courts of Civil Appeals of the State of Texas
state of Texas, 1903
Cases argued and determined in the Courts of Civil Appeals of the State of Texas.
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acres action affirmed agent agreed agreement alleged amount answer appellant appellee application assignment ASSOCIATE authority brought cause certificate charge claim conclusions condition consideration contention contract conveyed County court damages Decided deed defendant deposit direct duty effect engine entitled error evidence execution fact failed favor filed follows further give given ground held hold homestead injuries instructed interest issue judgment jury land Levy lien limitation mortgage motion negligence notice objection Office opinion original paid parties payment person petition plaintiff pleadings possession presented proof purchase question Railway Railway Company reason received record recover refused rendered reversed rule S. W. Rep secure shown sold statute sufficient suit survey sustained taken testimony Texas thereof tion track tract train trial Tried verdict wife witness
Página 205 - 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.
Página 204 - In the event of disagreement as to the amount of loss the same shall, as above provided, be ascertained by two competent and disinterested appraisers, the insured and this company each selecting one, and the two so chosen shall first select a competent and disinterested umpire; the appraisers together shall then estimate and appraise the loss, stating separately sound value and damage, and, failing to agree, shall submit their differences to the umpire; and the award in writing of any two shall determine...
Página 584 - J., observed that in order for it to apply "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.
Página 126 - To have and to hold all and singular the premises before mentioned unto the said CD, 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 CD, his heirs and assigns, against myself and my heirs, and against every person whomsoever lawfully claiming or to claim the same, or any part thereof.
Página 372 - Contractor he shall not be entitled to receive any further payment under this contract until the said work shall be wholly finished, at which time, if the unpaid balance of the amount to be paid under this contract shall exceed the expense incurred by the...
Página 59 - No person's property shall be taken, damaged or destroyed for or applied to public use without adequate compensation being made, unless by the consent of such person; and, when taken, except for the use of the State, such compensation shall be first made, or secured by a deposit of money...
Página 65 - Company to recover damages for personal injuries received by the plaintiff while In the employ of the defendant...
Página 499 - No oral or written misrepresentation or warranty made in the negotiation for a contract or policy of insurance by the insured or in his behalf, shall be deemed material or defeat or avoid the policy or prevent its attaching unless such misrepresentation or warranty deceived the company to its injury.
Página 236 - The plea was the general issue. The case was tried by a jury, who returned a verdict in favor of the plaintiffs below, the judgment on which is brought into review by this writ of error.