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according action adverse possession affirmed agent agreed alleged amendments amount answer appellant appellant's appellee Arkansas asked assessment attorney authority cause charge Circuit Court claim complaint condition Constitution construction contention contract corporation County cross damages death decree deed defendant delivered directions district duty effect engine entered error evidence executed facts failed filed finding follows further give given held injury instructions intention interest issue Judge judgment jury Kirby's land liable Louis lumber meaning ment mortgage negligence opinion Page paid parties payment person petition plaintiff possession present proof proper proposed provides purchase question railroad railway reason received record recover refused result rule signed statement statute sufficient suit sustained testified testimony ticket tion track train trial verdict wife witness
Page 431 - 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.
Page 302 - ... them, if they render a general verdict, to find upon particular questions of fact, to be stated in writing, and may direct a written finding thereon. The special verdict or finding must be filed with the clerk and entered upon the minutes. Where a special finding of facts is inconsistent with the general verdict, the former controls the latter, and the court must give judgment accordingly.— 1909-193.
Page 427 - ... and if none, then of such employee's parents, and if none, then to the next of kin dependent upon such employee, for such injury or death resulting in whole or in part from the negligence of any of the officers, agents or employees of such carrier...
Page 67 - The legislative authority of the state shall be vested in a legislative assembly, consisting of a senate and house of representatives, but the people reserve to themselves power to propose laws and amendments to the constitution and to enact or reject the same at the polls, independent of the legislative assembly...
Page 67 - SECTION 1. The legislative authority of this State shall be vested in a General Assembly, which shall consist of a Senate and House of Representatives...
Page 183 - ... miles an hour at the crossing. We will therefore, after judgment, treat the complaint as amended to conform to the proof and hold that it was sufficient, and the evidence was also sufficient to sustain a charge of negligence in the particulars recited. Appellant urges as one of its principal grounds for a reversal that there was no evidence to warrant the jury in finding, that there was a permanent injury, and that the court should have given appellant's prayer for instruction No.
Page 428 - A train must not leave a station in advance of its schedule leaving time. 93. Within yard limits the main track may be used, protecting against class trains. class and extra trains must move within yard limits prepared to stop unless the main track is seen or known to be clear.
Page 258 - CD, his heirs and assigns forever, as aforesaid ; and that I will, and my heirs, executors and administrators shall, warrant and defend the same to the said CD, his heirs and assigns forever, against the lawful claims and demands of all persons.
Page 67 - The veto power of the governor shall not extend to measures referred to the people. All elections on measures referred to the people of the state shall be had at the biennial regular general elections, except when the legislative assembly shall order a special election. Any measure referred to the people shall take effect and become the law when it is approved by a majority of the votes cast thereon, and not otherwise.