The South Western Reporter, Volum 203West Publishing Company, 1918 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. |
Andre utgaver - Vis alle
Vanlige uttrykk og setninger
Affirmed alleged amount answer Appeals of Texas appellant appellant's appellee April 29 assignment attorney authority Brownsville cause of action charge circuit court Civil Appeals claim Constitution contract county court Court of Civil damages debt deceased decree deed deed of trust defendant defendant's demurrer election error evidence executed fact fendant filed fraud further George Opdyke Hardeman county Hardin county held injury instruction interest issue Judge judgment jury land lant lease lien Lumber ment mortgage negligence overruled owner paid parties payment person petition plaintiff plaintiffs in error plea pleaded purchase Putnam county question railroad reason record recover remanded rendered res adjudicata rule Shelby county sold statute suit supra Tenn testified testimony thereof tion track tract trial court trust verdict White county wife witness
Populære avsnitt
Side 286 - There is nothing in the record from which it can be inferred that the harm to the plaintiff resulted directly from any failure of duty on the part of the defendant.
Side 281 - This entire policy shall be void if the insured has concealed or misrepresented, in writing or otherwise, any material fact or circumstance concerning this insurance or the subject thereof; or if the interest of the insured in the property be not truly stated herein; or in case of any fraud or false swearing by the insured touching any matter relating to this insurance or the subject thereof, whether before or after a loss.
Side 307 - Another rule of construction is, that when the constitution defines the circumstances under which a right may be exercised or a penalty imposed, the specification is an implied prohibition against legislative interference, to add to the condition, or to extend the penalty to other cases.
Side 144 - No mortgage, trust deed or other lien on the homestead shall ever be valid, except for the purchase money therefor, or improvements made thereon, as hereinbefore provided, whether such mortgage or trust deed or other lien shall have been created by the husband alone or together with his wife; and all pretended sales of the homestead involving any condition of defeasance shall be void.
Side 141 - ... all statements purporting to be made by the insured shall in the absence of fraud be deemed representations and not warranties.
Side 322 - ... no conventional restraint of trade can be enforced unless the covenant embodying it is merely ancillary to the main purpose of a lawful contract, and necessary to protect the covenantee in the enjoyment of the legitimate fruits of the contract, or to protect him from the dangers of an unjust use of those fruits by the other party.
Side 333 - It is not easy to define with precision what will in all cases constitute an insurable interest, so as to take the contract out of the class of wager policies. It may be stated generally, however, to be such an interest, arising from the relations of the party obtaining the insurance, either as creditor of or surety for the assured, or from the ties of blood or marriage to him, as will justify a reasonable expectation of advantage or benefit from the continuance of his life.
Side 382 - ... if any change other than by the death of an insured, take place in the interest, title or possession of the subject of insurance (except change of occupants without increase of hazard) whether by legal process or judgment or by voluntary act of the insured, or otherwise...
Side 275 - ... of fact which should have been submitted to the jury, and that is.
Side 262 - Its power plant for the purpose consists of the power of taxation, the police power, and the power of eminent domain.