Reports of Cases Determined by the Supreme Court of the State of Missouri, Svazek 249E.W. Stephens, 1913 |
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Adair county adverse possession affidavit aforesaid alimony alleged answer appellant asphalt attorney Boyd Brightwell Bulfin Butler Campbell & Ellison cause of action charter circuit court city of St claim Company concur Constitution construction contract contributory negligence corporation counsel Dalton Davidson decree deed of trust defendant defendant's dollars duty engine error Estate & Investment evidence ex rel F. M. Harrington facts fendant filed Forsee fraud hand-car held injury instruction interlocutory interlocutory decree judge judgment jurisdiction jury Kansas City land Lemp Louis mandamus Marie Dutcher marriage ment Missouri motion negligence opinion ordinance paid parties petition plaintiff pleadings proceeding question quiet title quit-claim deed Railroad real estate reason record relator res adjudicata respondent rule Shelton sheriff's deed street suit supra term testator testified testimony therein thereof tion track trial court viaduct witness Woerishoeffer writ
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Strana 373 - When a given state of facts is such that reasonable men may fairly differ upon the question as to whether there was negligence or not, the determination of the matter is for the jury. It is only where the facts are such that all reasonable men must draw the same conclusion from them that the question of negligence is ever considered as one of law for the court.
Strana 401 - So, in every case, where a statute enacts, or prohibits a thing for the benefit of a person, he shall have a remedy upon the same statute for the thing enacted for his advantage, or for the recompense of a wrong done to him contrary to the said law.
Strana 366 - It Is understood and agreed by and between the parties hereto that the work Included In this contract is to be done under the direction of the said Architect, and that his decision as to the true construction and meaning of the drawings and specifications shall be final.
Strana 314 - No act, deed or conveyance, executed or performed by the husband, without the assent of his wife, evidenced by her acknowledgment thereof, in...
Strana 140 - Warrant and Defend the title to the said premises unto the said party of the Second Part, and unto his heirs and assigns, forever, against the lawful claims and demands of all persons, whomsoever.
Strana 408 - Twelve men of the average of the community, comprising men of education and men of little education, men of learning and men whose learning consists only in what they have themselves seen and heard, the merchant the mechanic, the farmer, the laborer — these sit together, consult, apply their separate experience of the affairs of life to the facts proved, and draw a unanimous conclusion. This average judgment thus given it is the great effort of the law to obtain.
Strana 23 - The exercise of the power and the right of eminent domain shall never be so construed or abridged as to prevent the taking, by the General Assembly, of the property and franchises of incorporated companies already organized, and subjecting them to the public necessity the same as of individuals.
Strana 549 - To HAVE AND TO HOLD the same, with all the rights, immunities, privileges and appurtenances thereto belonging, unto the said party of the second part, and his heirs and assigns, FOREVER...
Strana 715 - Illinois, and that I am duly authorized to represent said corporation in the making of this affidavit; and I do further solemnly swear that the said known and styled as aforesaid, has not, since the...
Strana 189 - Opinions of witnesses derived from observation are admissible in evidence, when, from the nature of the subject under investigation, no better evidence can be obtained.