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action affirmed agreed alleged amount answer appellant appellee application assignment authority Bank bond cause cent charge circuit court claim condition consideration contract damages debt deed defendant defendant's direct district duty effect election entitled error evidence execution facts failed filed follows further give given ground hand held hold injury instruction interest issue judge judgment jury land liable lien ment motion necessary negligence objection opinion paid parties payment person petition plaintiff pleaded possession present proof proper prove purchase question railroad Railway reason received record recover refused rendered reported result reversed rule shown statement statute sufficient suit sustained term testified testimony Texas tion train trial trust verdict wife witness
Page 145 - Municipal and other corporations and individuals invested with the privilege of taking private property for public use shall make just compensation for property taken, injured or destroyed by the construction or enlargement of their works, highways or improvements, which compensation shall be paid or secured before such taking, injury or destruction.
Page 45 - ... or upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them; or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Page 304 - ... the appraisers together shall then estimate and appraise the loss, stating separately sound value and damage, and, failing to agree, shall submit their differences to the umpire; and the award in writing of any two shall determine the amount of such loss...
Page 304 - No suit or action on this policy for the recovery of any claim shall be sustainable in any court of law or equity until after full compliance by the insured with all the foregoing requirements, nor unless commenced within twelve months next after the fire.
Page 11 - ... in the sum of five thousand dollars, for the faithful performance of such duties.
Page 356 - Malice as a basis for punitive damages means the intentional doing of a wrongful act without just cause or excuse.
Page 82 - Any county, city, school district or other municipal corporation incurring any indebtedness as aforesaid, shall before, or at the time of doing so, provide for the collection of a direct annual tax sufficient to pay the interest on such debt as it falls due, and also to pay and discharge the principal thereof within twenty years from the time of contracting the same.
Page 76 - If directions are given respecting the times or modes of proceeding in which a power should be exercised, there is at least a strong presumption that the people designed it should be exercised in that time and mode only; and we impute to the people a want of due appreciation of the purpose and proper province, of such an instrument when we infer that such directions are given to any other end. Especially, when, as has...
Page 144 - The party holding the affirmative of the issue must produce the evidence to prove it; therefore, the burden of proof lies on the party who would be defeated if no evidence were given on either side.
Page 156 - All valuable mineral deposits in lands belonging to the United States, both surveyed and unsurveyed, are hereby declared to be free and open to exploration and purchase, and the lands in which they are found to occupation and purchase, by citizens of the United States...