The South Western Reporter, Volume 4West Publishing Company, 1887 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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affirmed alleged Appeal from circuit appellant appellee assignment authority Bell county bill bond Bosque county Brenham cause of action certificate charge circuit court claim complainant constitution contract conveyance conveyed corporation court of equity Court of Texas creditors damages debt deceased decree deed of trust defendant demurrer entitled equity error evidence execution fact filed heirs held homestead husband indictment injury instruction intention interest issued Jack county judge judgment jury land legislature levy liability lien matter ment Missouri mortgage N. W. Rep owner paid parties payment person petition plaintiff plaintiff in error possession purchase purpose question railroad company reason record recover rendered rule sheriff sheriff's deed sold statute statute of limitations STAYTON street suit Supreme Court surety survey testified testimony thereof tion tract trial verdict wife witness writ
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Página 148 - It is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers and no others: First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the declared objects and purposes of the corporation — not simply convenient but indispensable.
Página 63 - It exists only in contemplation of law, and by force of the law; and where that law ceases to operate, and is no longer obligatory, the corporation can have no existence. It must dwell in the place of its creation, and cannot migrate to another sovereignty.
Página 384 - No law shall be revived, amended, or the provisions thereof extended, or conferred by reference to its title only, but so much thereof as is revived, amended, extended, or conferred, shall be reenacted, and published at length.
Página 61 - ... there must be some actual or threatened exercise of power possessed, or believed to be possessed, by the party exacting or receiving the payment over the person or property of another, from which the latter has no other means of immediate relief than by making the payment.
Página 283 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in.
Página 440 - Thousand dollars in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, have granted, bargained, and sold, and by these presents do grant, bargain, and sell, unto the said party of the second part...
Página 386 - According to that view, the separate property of a married woman being a creature of equity, it follows, that, if she has a power to deal with it, she has the other power incident to property in general; namely, the power of contracting debts to be paid out of it; and inasmuch as her creditors have not the means at law of compelling payment of those debts, a court of equity takes upon itself to give effect to them, not as personal liabilities, but by laying hold of the separate property, as the only...
Página 627 - Code undertook to abolish these distinctions by enacting that "every act whatever of man that causes damage to another, obliges him by whose fault it happened to repair it.
Página 27 - These securities for personal liberty thus embodied, were such as wisdom and experience had demonstrated to be necessary for the protection of those accused of crime. And so strong was the sense of the country of their importance, and so jealous were the people that these rights, highly prized, might be denied them by implication, that when the original Constitution was proposed for adoption it encountered severe opposition; and but for the belief that it would be so amended as to embrace them, it...
Página 153 - Perpetuities and monopolies are contrary to the genius of a free government, and shall never be allowed; nor shall the law of primogeniture or entailments ever be in force in this state.