The Texas Civil Appeals Reports: Cases Argued and Determined in the Courts of Civil Appeals of the State of Texas, Volum 53

Forside
State of Texas, 1911
Cases argued and determined in the Courts of Civil Appeals of the State of Texas.
 

Andre utgaver - Vis alle

Vanlige uttrykk og setninger

Populære avsnitt

Side 391 - Attachment is the creature of the local law ; that is, unless there is a law of the State providing for and permitting the attachment it cannot be levied there. If there be a law of the State providing for the attachment of the debt, then if the garnishee be found in that State, and process be personally served upon him therein, we think the court thereby acquires jurisdiction over him, and can garnish the debt due from him to the debtor of the plaintiff and condemn it, provided the garnishee could...
Side 378 - Upon these issues the cause was tried before a jury, resulting in a verdict and judgment in favor of the defendant in error.
Side 583 - When a particular provision of a statute relates to some immaterial matter, as to which compliance with the statute is a matter of convenience rather than substance, or where the directions of a statute are given merely with a view to the proper, orderly, and prompt conduct of business, the provision may generally be regarded as directory.
Side 360 - This clause deals with the relationships of the states to each other, and provides that each state shall give full faith and credit to the public acts, records, and judicial proceedings of every other state.
Side 566 - Any distinct act of dominion, wrongfully exerted over one's property, in denial of his right or inconsistent with it, is a conversion.
Side 391 - We do not see the materiality of the expression "situs of the debt," when used in connection with attachment proceedings. If by situs is meant the place of the creation of the debt, that fact is immaterial. If it be meant that the obligation to pay the debt can only be enforced at the situs thus fixed, we think it plainly untrue. The obligation of the debtor to pay his debt clings to and accompanies him wherever he goes.
Side 583 - Those directions which are not of the essence of the thing to be done, but which are given with a view merely to the proper, orderly, and prompt conduct of the business, and by a failure to obey which the rights of those interested will not be prejudiced, are not commonly to be regarded as mandatory...
Side 272 - This conclusion disposes of the assignments attacking the verdict on the ground that it is not sustained by the evidence and is against the overwhelming weight and preponderance of the evidence, and said assignments are overruled.
Side 217 - Every Act shall embrace but one subject, which subject shall be expressed in its title. But if any subject shall be embraced in an Act which shall not be expressed in its title, such Act shall be void only as to so much thereof as shall not be expressed in its title.
Side 217 - No bill (except general appropriation bills, which may embrace the various subjects and accounts for and on account of which moneys are appropriated) shall contain more than one subject, which shall be expressed in its title. But if any subject shall be embraced in an act which shall not be expressed in the title such act shall be void only as to so much thereof as shall not be so expressed.

Bibliografisk informasjon