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acres action affirmed agent alleged Appeal from District Appeals of Texas appellant appellant's appellee assignment of error authority bank bill of exceptions bill of lading cause Cent charge Civil Appeals contract contributory negligence Coun county court Court of Civil Dallas county damages deceased deed defendant defendant's dence District Court dramshop Ellis county entitled evidence executed facts favor fendant filed held homestead Illinois Central Railroad injury issue Judge judgment June 14 land lant lant's Lennix liable ment Missouri negligence Note.—For option law paid parties payment pellant person petition plaintiff plaintiff in error pleaded purchase question railroad company Railway Company reason record recover refused reversed reversible error rule Sallie Collins sold statement statute suit testified testimony thereof tiff tion tract trial court trust verdict wife witness
Side 332 - The court may before or after judgment, in furtherance of justice and on such terms as may be proper, amend any pleading or proceeding, by adding or striking out the name of any party; or by correcting a mistake in the name of a party, or a mistake in any other respect...
Side 283 - Appellant's third, fourth, fifth, sixth, seventh, and twenty-second assignments of error relate to the refusal of the court to submit to the jury the question of contributory negligence on the part of...
Side 31 - Disorderly, contemptuous, or insolent behavior committed during the sitting of any Court of justice, in immediate view and presence of the Court, and directly tending to interrupt its proceedings or to impair the respect due to its authority; 2.
Side 337 - The jurors sworn to try an action may, at any time before the submission of the cause to the jury, in the discretion of the court, be permitted to separate or be kept in charge of a proper officer.
Side 329 - ... a copy of which is hereto attached, marked 'Exhibit A...
Side 325 - ... thus received, upon the theory that the conditions existing upon that train, which either were known or should have been known to those in charge, were such as to have caused them reasonably to anticipate this result, and. failing to exercise proper diligence, the plaintiff in error was liable.
Side 319 - To bring a person within the description of a common carrier, he must exercise it as a public employment ; he must undertake to carry goods for persons generally ; and he must hold himself out as ready to engage in the transportation of goods for hire, as a business, not as a casual occupation pro hac vice.
Side 179 - His injury was due to his own recklessness and folly. He was himself the author of his misfortune. This is shown with as near an approach to a demonstration as anything short of mathematics will permit.
Side 32 - ... if any interest in the proceedings for its punishment. But if the contempt consists in the refusal of a party or a person to do an act which the court has ordered him to do for the benefit or the advantage of a party to a suit or action pending before it, and he is committed until he complies with the order, the commitment is in the nature of an execution to enforce the judgment of the court, and the party in whose favor that judgment was rendered is the real party in interest in the proceedings.