The South Western Reporter, Volumen193West Publishing Company, 1917 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 9
... rule of evidence permitting a litigant to show a motive for an act , the truth of which he asserts . Measured by the same rule of human experience and observa- tion , if conduct of the character indicated in the rejected testimony was ...
... rule of evidence permitting a litigant to show a motive for an act , the truth of which he asserts . Measured by the same rule of human experience and observa- tion , if conduct of the character indicated in the rejected testimony was ...
Página 11
... rule seems to be stated in Jones on Evidence , § 94 , to be : The opinion then proceeds to discuss the strength of the presumption of the legiti- macy where access is admitted , or opportu- nity therefor is shown . In such cases , as we ...
... rule seems to be stated in Jones on Evidence , § 94 , to be : The opinion then proceeds to discuss the strength of the presumption of the legiti- macy where access is admitted , or opportu- nity therefor is shown . In such cases , as we ...
Página 12
• rule , where access is either admitted or the opportunity for it is reasonably certain from the evidence , the presumption of legitimacy will prevail , unless the jury are convinced that it was impossible for the husband to have been ...
• rule , where access is either admitted or the opportunity for it is reasonably certain from the evidence , the presumption of legitimacy will prevail , unless the jury are convinced that it was impossible for the husband to have been ...
Página 20
... rule was applied to deeds unacknowledg - was vendible even prior to the acknowledg- Respondents rely upon the doctrine of rela - thorities are chiefly those decided prior to tion . This doctrine is that : the amendment of the statute ...
... rule was applied to deeds unacknowledg - was vendible even prior to the acknowledg- Respondents rely upon the doctrine of rela - thorities are chiefly those decided prior to tion . This doctrine is that : the amendment of the statute ...
Página 55
... rule that where a defendant pleads payment of a note or other obligation , the burden is upon him to prove payment and that burden is not shifted by any presumption . It is not exaggerating or misstating his tes - hension of the law ...
... rule that where a defendant pleads payment of a note or other obligation , the burden is upon him to prove payment and that burden is not shifted by any presumption . It is not exaggerating or misstating his tes - hension of the law ...
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Términos y frases comunes
acres action adverse possession affirmed alleged APPEAL AND ERROR appellant appellant's appellee authority bailment Bank cause Cent charge circuit court Civil Appeals claim Company contract court erred Court of Civil damages deceased decree deed deed of trust defendant defendant's dence Digests and Indexes evidence executed fact favor fendant filed fraud Frisby Galveston Green league held Houston injury interest issue Judge judgment jury Key-Numbered Digests Kirby land lant Lee Walker Liberty county lien Limburger Louis Lumber ment mortgage motion negligence Note.-For opinion overruled owner paid parties payment person petition plaintiff plaintiff in error pleadings possession Pullman Company purchase purpose question railroad railway reason record Rehearing rendered sheriff's deed statute street suit testified testimony Texas thereof timber tion topic and KEY-NUMBER tract trial court Trinity county try title verdict wife witness
Pasajes populares
Página 55 - Every holder is deemed prima facie to be a holder in due course; but when it is shown that the title of any person who has negotiated the instrument was defective, the burden is on the holder to prove that he or some person under whom he claims acquired the title as holder in due course.
Página 100 - They form a portion of that immense mass of legislation which embraces everything within the territory of a State not surrendered to the General Government, all which can be most advantageously exercised by the States themselves.
Página 276 - This entire policy, unless otherwise provided by agreement indorsed hereon or added hereto, shall be void if the Insured now has or shall hereafter make or procure any other contract of insurance, whether valid or not, on property covered In whole or in part by this policy...
Página 118 - The acceptor by accepting the instrument engages that he will pay it according to the tenor of his acceptance; and admits: 1. The existence of the drawer, the genuineness of his signature, and his capacity and authority to draw the instrument; and 2. The existence of the payee and his then capacity to indorse.
Página 422 - That in actions by or against executors, administrators or guardians, in which judgment may be rendered for or against them, neither party shall be allowed to testify against the other, as to any transaction with, or statement by, the testator, intestate or ward, unless called to testify thereto by the opposite party, or required to testify thereto by the court.
Página 100 - The provisions of this act shall not apply to agricultural products or live stock, while in the hands of the producer or raiser...
Página 103 - State, not directed against commerce or any of its regulations, but relating to the rights, duties, and liabilities of citizens, and only directly and remotely affecting the operations of commerce, is of obligatory force upon citizens within its territorial jurisdiction, whether on land or water, or engaged in commerce, foreign or interstate, or in any other pursuit.
Página 277 - Circuit reversed the case, with instructions to the court below to enter a decree in accordance with the prayer of the bill of complaint.
Página 55 - A negotiable instrument is discharged : 1. By payment in due course by or on behalf of the principal debtor ; 2. By payment in due course by the party accommodated, where the instrument is made or accepted for accommodation; 3. By the intentional cancellation thereof by the holder; 4. By any other act which will discharge a simple contract for the payment of money; 5. When the principal debtor becomes the...
Página 143 - In a free country, where the government is by the people through their chosen representatives, practical legislation admits of no other standard of action; for what the people believe is for the common welfare must be accepted as tending to promote the common welfare, whether it does in fact or not. Any other basis would conflict with the spirit of the Constitution, and would sanction measures opposed to a republican form of government...