The Southwestern Reporter, Volumen66West Publishing Company, 1902 |
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Página v
... motion for rehearing , in case such motion has been filed , and shall return the file papers of that court to the clerk thereof , but shall not return the 4. Upon refusal by this court of an appli- petition for the writ of error . A motion ...
... motion for rehearing , in case such motion has been filed , and shall return the file papers of that court to the clerk thereof , but shall not return the 4. Upon refusal by this court of an appli- petition for the writ of error . A motion ...
Página 9
... motion for new trial . This motion was overruled on December 10th , and an ap- peal was then granted to this court . No steps were taken in the case after this until February 13 , 1901 , when appellant tendered a bill of exceptions ...
... motion for new trial . This motion was overruled on December 10th , and an ap- peal was then granted to this court . No steps were taken in the case after this until February 13 , 1901 , when appellant tendered a bill of exceptions ...
Página 23
... motion that the issues between them should be tried separately . This motion was sustained , and a trial before a jury resulted in a verdict for Purdom against Stanfield for the amount claimed in his counterclaim ; and thereafter the ...
... motion that the issues between them should be tried separately . This motion was sustained , and a trial before a jury resulted in a verdict for Purdom against Stanfield for the amount claimed in his counterclaim ; and thereafter the ...
Página 24
... motion therefor being made be- fore the new appeal was submitted . 2. Where a written agreement of compromise of a bastardy proceeding shows that the money paid by the father was paid to the mother , and there is nothing therein to ...
... motion therefor being made be- fore the new appeal was submitted . 2. Where a written agreement of compromise of a bastardy proceeding shows that the money paid by the father was paid to the mother , and there is nothing therein to ...
Página 68
... motion to set the same aside , filed by the plaintiff on the 30th day of July , 1898 , which motion was overruled by the district court of Hill county on the 5th day of April , 1899 , and a second motion to the same effect was made in ...
... motion to set the same aside , filed by the plaintiff on the 30th day of July , 1898 , which motion was overruled by the district court of Hill county on the 5th day of April , 1899 , and a second motion to the same effect was made in ...
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Términos y frases comunes
action affirmed alleged Appeal from circuit Appeals of Kentucky appellant appellant's appellee applied assignment attorney authority bill bond cause charge circuit court Civil Appeals claim contract Court of Civil damages debt deed of trust defendant defendant's district court Edward W entitled error evidence executed facts favor fendant filed formerly state reporter garnishees Harris county held homestead injury issue judge judgment jury Kentucky land liable lien Louisville ment Missouri mortgage motion N. R. Co negligence Oak Cliff opinion paid parties payment person petition plaintiff plaintiff in error pleaded prosecution purchase question quo warranto Railway reason record recover rendered Reported by Edward reversed sheriff statute suit supreme court sureties testified testimony thereof tiff tion tract trial court usurious Uvalde county verdict wife witness writ
Pasajes populares
Página 95 - ... giving and granting unto my said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully, to all intents and purposes, as I might or could do if personally present, with full power of substitution and revocation; hereby ratifying and confirming all that my said attorney or his substitute shall lawfully do, or cause to be done, by virtue hereof.
Página 139 - That all levies, judgments, attachments, or other liens, obtained through legal proceedings against a person who is insolvent, at any time within four months prior to the filing of a petition in bankruptcy against him, shall be deemed null and void in case he is adjudged a bankrupt...
Página 71 - ... when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Página 109 - It is a finality as to the claim or demand in controversy, concluding parties and those In privity with them, not only as to every matter which was offered and received to sustain or defeat the claim or demand, but as to any other admissible matter which might have been offered for that purpose.
Página 109 - In all cases, therefore, where it is sought to apply the estoppel of a judgment rendered upon one cause of action to matters arising in a suit upon a different cause of action, the inquiry must always be as to the point or question actually litigated and determined in the original action, not what might have been thus litigated and determined. Only upon such matters is the judgment conclusive in another action.
Página 109 - In considering the operation of this judgment, it should be borne in mind, as stated by counsel, that there is a difference between the effect of a judgment as a bar or estoppel against the prosecution of a second action upon the same claim or demand, and its effect as an estoppel in another action between the same parties upon a different claim or cause of action.
Página 334 - The Legislature shall have no power to release or extinguish, or to authorize the releasing or extinguishing, in whole or in part, the indebtedness, liability or obligation of any corporation or individual, to this State or to any county or defined subdivision thereof, or other municipal corporation therein, except delinquent taxes which have been due for a period of at least ten years.
Página 419 - When, 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, it may order them to be conducted, in a body, under the charge of an officer, to the place, which shall be shown to them by some person appointed by the court for that purpose. While the jury are thus absent, no person, other than the person so appointed, shall speak to them on any subject connected with the trial.
Página 126 - Texas, against said commission ae defendant Said action shall have precedence over all other causes on the docket of a different nature, and shall be tried and determined as other civil causes in said court. Either party...
Página 166 - Whenever an attempt is made to take private property for a use alleged to be public, the question whether the contemplated use be really public shall be a judicial question, and determined as such without regard to any legislative assertion that the use is public.