The South Western Reporter, Volumen248West Publishing Company, 1923 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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Página 36
... trial court in refusing the spe- presented shall be considered as waived ; be- cial charges , and held that they were prop- fore the argument is begun , the judge shall read his charge , and all special charges given erly refused . by ...
... trial court in refusing the spe- presented shall be considered as waived ; be- cial charges , and held that they were prop- fore the argument is begun , the judge shall read his charge , and all special charges given erly refused . by ...
Página 37
... trial court " shall submit all controverted questions of fact only to the decision of the jury . " The reason for this statute is obvious . Every possible effort should be made by trial courts to simplify their charges to juries and ...
... trial court " shall submit all controverted questions of fact only to the decision of the jury . " The reason for this statute is obvious . Every possible effort should be made by trial courts to simplify their charges to juries and ...
Página 38
... trial . [ 7 ] Counsel for plaintiff in error allege error upon the part of the trial court in charging the jury , after the case had been argued before them by the attorneys , as fol lows : " Upon the trial of this cause during the ex ...
... trial . [ 7 ] Counsel for plaintiff in error allege error upon the part of the trial court in charging the jury , after the case had been argued before them by the attorneys , as fol lows : " Upon the trial of this cause during the ex ...
Página 39
... trial court and Court of Civil Appeals be reversed , and remanded for a new trial . " We think this is correct , and that every reasonable doubt should be resolved in favor of the one erred against . We do not think it can be said that ...
... trial court and Court of Civil Appeals be reversed , and remanded for a new trial . " We think this is correct , and that every reasonable doubt should be resolved in favor of the one erred against . We do not think it can be said that ...
Página 56
... trial of such tion to entitle him to give an opinion upon law is more lenient and just than the state law cases . Third . Because the federal prohibition the subject . " The bill is entirely insufficient upon the subject . Fourth ...
... trial of such tion to entitle him to give an opinion upon law is more lenient and just than the state law cases . Third . Because the federal prohibition the subject . " The bill is entirely insufficient upon the subject . Fourth ...
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action affirmed agent alleged Appeals of Texas appellant appellant's appellee authority bank bill of exceptions bond carrier cause certificate charge Civil Appeals claim Coleman county contract corporation cotton Court of Civil Criminal law damages deceased deed defendant demurrer Digests and Indexes District Court El Paso county error evidence executed facts Fargo & Co fendant filed Fort Worth held Indexes 248 indictment injury instruction issue Judge judgment jury Key-Numbered Digests land lant lant's lease liable lien liquor lumber McHatton ment motion overruled paid parties payment pellant person petition plaintiff plaintiffs in error pleadings Priddy purchase question railroad record rendered reversed reversible error rule statement statute suit testified testimony thereof tion topic and KEY-NUMBER tract trial court trust verdict Waco wife witness writ
Pasajes populares
Página 299 - ... which are specified in the tariff filed and in effect at the time ; nor shall any ealrrier refund or remit in any manner or by any device any portion of the rates, fares, and charges so specified, nor extend to any shipper or person any privileges or facilities in the transportation of passengers or property, except such as are specified in such tariffs : Paragraph 7, section 6.
Página 142 - ... nor shall any carrier refund or remit in any manner or by any device any portion of the rates, fares, and charges so specified, nor extend to any shipper or person any privileges or facilities in the transportation of passengers or property, except such as are specified in such tariffs: Provided, That wherever the word 'carrier' occurs in this Act it shall be held to mean 'common carrier'.
Página 311 - ... the actual market value or wholesale price of such merchandise at the time of exportation to the United States, in the principal markets of the country from which the same has been imported...
Página 464 - The payment of death benefits shall be confined to wife, husband, relative by blood to the fourth degree, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepfather, stepmother, stepchildren, children by legal adoption or to a person or persons dependent upon the member...
Página 142 - ... state separately all terminal charges, storage charges, icing charges, and all other charges which the Commission may require, all privileges or facilities granted or allowed and any rules or regulations which in any wise change, affect, or determine any part or the aggregate of such aforesaid rates, fares, and charges, or the value of the service rendered to the passenger, shipper, or consignee.
Página 318 - The result is a conviction that the States have no power, by taxation or otherwise, to retard, impede, burden, or in any manner control, the operations of the constitutional laws enacted by Congress to carry into execution the powers vested in the general government.
Página 142 - Act; nor shall any carrier charge or demand or collect or receive a greater or less or different compensation for such transportation of passengers or property...
Página 263 - If this company shall claim that the fire was caused by the act or neglect of any person or corporation, private or municipal, this! company shall on payment of the loss, be subrogated to the extent of such payment to all right of recovery by the Insured for the loss resulting therefrom, and such right shall be assigned to this company by the insured on receiving such payment.
Página 464 - Within the above restrictions each member shall have the right to designate his beneficiary, and from time to time have the same changed in accordance with the laws, rules and regulations of the society, and no beneficiary shall have or obtain any vested interest in the said benefit until the same has become due and payable upon the death of the said member ; provided, that any society may, by its laws, limit the scope of beneficiaries within the above classes.
Página 322 - When parties have deliberately put their engagements into writing in such terms as import a legal obligation, without any uncertainty as to the object or extent of such engagement, it is conclusively presumed that the whole engagement of the parties, and the extent and manner of their undertaking, was reduced to writing; and all oral testimony of a previous colloquium between the parties, or of...