The South Western Reporter, Հատոր 104West Publishing Company, 1907 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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adverse possession affirmed agent alleged answer Appeal from Circuit Appeals of Kentucky appellant appellant's appellee Arkansas assessment bill cause of action Cent charge circuit court claim Commonwealth contract contributory negligence counsel Court of Appeals damages death deceased decree deed defendant defendant's demurrer dence duty E. A. Barber employés entitled evidence executed facts fendant filed heirs held injury instruction insured interest issue Judge judgment jury land Law Rep liable lien Louis Louisville matter ment N. R. Co negligence Note.-For opinion option law ordinance parties pellant person petition plaintiff in error pleaded possession purchase question railroad company Railway Company reason record recover remanded rule servant statute statute of frauds street Sugg suit sustained testator testified testimony thereof tiff tion track train trust verdict wife witness
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Էջ 7 - The general principle announced in numerous cases is that a right, question or fact distinctly put in issue and directly determined by a court of competent jurisdiction, as a ground of recovery, cannot be disputed in a subsequent suit between, the same parties or their privies...
Էջ 73 - ... recover damages in respect thereof; then, and in every such case, the person who, or the corporation which, would have been liable, if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to murder in the first or second degree, or manslaughter.
Էջ 216 - The question always is, Was there an unbroken connection between the wrongful act and the injury, — a continuous operation? Did the facts constitute a continuous succession of events so linked together as to make a natural whole, or was there some new and independent cause intervening between the wrong and the injury?
Էջ 394 - When a train stops or is delayed, under circumstances in which it may be overtaken by another train, the flagman must go back immediately with stop signals a sufficient distance to insure full protection.
Էջ 35 - Civil actions, other than for the recovery of real property, can only be brought within the following periods, after the cause of action shall have accrued, and not afterwards : "First. Within five years: An action upon any contract, agreement or promise in writing.
Էջ 437 - Broad river; thence along the highest ridge of said mountain, to the place where it is called the Great Iron or Smoky...
Էջ 376 - ... have not been duly scheduled in time for proof and allowance, with the name of the creditor, if known to the bankrupt, unless such creditor had notice or actual knowledge of the proceedings in bankruptcy...
Էջ 378 - The present capacity of taking effect in possession, if the possession were to become vacant, and not the certainty that the possession will become vacant before the estate limited in remainder determines, universally distinguishes a vested remainder from one that is contingent.
Էջ 75 - This act shall be so interpreted and construed as to effect its general purpose to make uniform the law of those States which enact it.
Էջ 267 - the indictment must contain: (1) the title of the prosecution, specifying the name of the court, in which the indictment is presented, and the names of the parties; (2) a statement of the acts constituting the offense, in ordinary and concise language, and in such a manner as to enable a person of common understanding to know what is intended...