The Southwestern Reporter, Volume 118West Publishing Company, 1909 - Law reports, digests, etc |
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Common terms and phrases
action adverse possession affirmed alleged answer APPEAL AND ERROR Appeal from Circuit appellant appellant's appellee Barton county Caleb Collins carrier cause cause of action Cent charge circuit court Civil Appeals claim conductor contract contributory negligence corporation counsel county court county seat Court of Civil damages death deed defendant defendant's demurrer dence duty employés evidence execution fact fendant filed Harrell held Hood county injury instruction Iowa issue judge judgment jury justice Kentucky land liable lien Louis ment Missouri mortgage negligence Note Note.-For parties passenger person petition Pickenpaugh plaintiff plaintiff in error pleaded purchase Queen City farm question quiet title railroad Railway reason record recover refused reversed rule Schuyler county statute street suit testator testified testimony Texas thereof tiff tion track tract train trust verdict wife witness
Popular passages
Page 280 - To constitute notice of an infirmity in the instrument or defect in the title of the person negotiating the same, the person to whom it is negotiated must have had actual knowledge of the infirmity or defect, or knowledge of such facts that his action in taking the instrument amounted to bad faith.
Page 327 - And the said party of the second part, for himself, his heirs, executors, and administrators, doth covenant and agree to and with the said party of the first part...
Page 96 - The judicial power of this State, both as to matters of law and equity, shall be vested in a Supreme Court, Circuit Courts, Courts of Probate, and in justices
Page 280 - A holder in due course holds the instrument free from any defect of title of prior parties, and free from defenses available to prior parties among themselves, and may enforce payment of the instrument for the full amount thereof against all parties liable thereon.
Page 175 - ... the measure of damages is the difference in the value of the land before and after the cutting or destruction complained of: Argotsinger v.
Page 90 - ... no person, or collection of persons, charged with the exercise of powers properly belonging to one of those departments, shall exercise any power properly belonging to either of the others, except in the instances in this constitution expressly directed or permitted.
Page 280 - A holder in due course is a holder who has taken the instrument under the following conditions : — 1. That it is complete and regular upon its face ; 2. That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact; 3. That he took it in good faith and for value; 4.
Page 92 - The discretion of a judge is the law of tyrants: it is always unknown ; it is different in different men; it is casual, and depends upon constitution, temper, and passion. In the best, it is oftentimes caprice ; in the worst, it is every vice, folly, and passion to which human nature is liable.
Page 88 - No person or collection of persons, being one of those departments, shall exercise any power properly belonging to either of the others ; except in the instances hereinafter expressly directed or permitted.
Page 280 - Constitutes a Holder in Due Course. A holder in due course is a holder who has taken the instrument under the following conditions: 1. That it is complete and regular upon its face; 2. That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact; 3. That he took it in good faith and for value; 4. That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person...