The South Western Reporter, Volum 193
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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acres action adverse possession affirmed agreed alleged amount answer appellant appellee applied assignment authority Bank cause Cent charge claim Company considered Constitution construction contract court damages decree deed defendant direct district effect entered error evidence executed fact favor filed follows further given grant ground held hold Houston injury instruction interest issue Judge judgment jury Key-Numbered land limitation March matter ment mortgage motion Note.—For notice opinion owner paid parties passed payment person petition plaintiff pleadings possession present purchase question railroad reason received record reference rendered road rule secured shown statement statute street sufficient suit taken testified testimony Texas thereof timber tion train trial verdict wife witness
Side 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.
Side 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...
Side 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.
Side 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.
Side 100 - The provisions of this act shall not apply to agricultural products or live stock, while in the hands of the producer or raiser...
Side 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.
Side 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.
Side 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...
Side 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...