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action affirmed agent agreed alleged amount answer appeal appellee applied assignment authority bill bond brought cause charge Civil claim complainant consideration contract conveyed court damages death debt deed defendant district court duty effect entitled error evidence execution facts favor filed firm follows further give given ground held injury instruction intent interest issue John Judge judgment jury land lien matter ment motion negligence notice objection opinion paid parties passed person petition plain plaintiff pleadings possession present proper purchase question railroad Railway reason received record recover refused rendered reversed Robinson rule S. W. Rep shown sold statement statute sufficient suit taken term Texas tion track train trial verdict wife witness
Página 268 - the sole judges of the credibility of the witnesses and of the weight of the evidence and of the facts.
Página 105 - Those rivers must be regarded as public navigable rivers in law which are navigable in fact. And they are navigable in fact when they are used, or are susceptible of being used, in their ordinary condition, as highways for commerce, over which trade and travel are or may be conducted in the customary modes of trade and travel on water.
Página 272 - A motion to postpone a trial on the ground of the absence of evidence can only be made upon affidavit, showing the materiality of the evidence expected to be obtained, and that due diligence has been used to procure it.
Página 157 - The first proposition is a general one, to this effect, that the plaintiff in an action for negligence cannot succeed if it is found by the jury that he has himself been guilty of any negligence or want of ordinary care which contributed to cause the accident.
Página 432 - All property, both real and personal, of the wife, owned or claimed by her before marriage, and that acquired afterward by gift, devise, or descent, shall be her separate property, and laws shall be passed more clearly defining the rights of the wife in relation as well to her separate property as to that held in common with her husband.
Página 192 - NY, 405, where it was held that no rule in the interpretation of a policy is more fully established, or more imperative and controlling than that which declares, that in all cases it must be liberally construed in favor of the insured, so as not to defeat, without a plain necessity, his claim to the indemnity, which, in making the insurance, it was his object to secure. When the words are, without violence, susceptible of two interpretations, that which will sustain his claim and cover the loss must...
Página 339 - ... unless the same be accompanied by an immediate delivery, and be followed by an actual and continued change of possession...
Página 395 - ... securely locked in a fireproof safe at night, and at all times when the store mentioned in the within policy is not actually open for business, or in some secure place not exposed to a fire which would destroy the house where such business is carried on...
Página 24 - That no person having any pension from the crown for any term or number of years, either in his own name, or in the name or names of any other person or persons...
Página 268 - It is that state of the case which, after the entire comparison and consideration of all the evidence, leaves the minds of the jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge.