...correct, and hence properly given. 5th. Again, it is claimed the Court erred in giving an instruction to the effect that if the jury believed from the evidence that the promissory notes described in the complaint were the property of the plaintiffs, and that they by their...

...willingness to reconvey to Guthrie at some future time. The charge of the. Court below was partially to the effect that if the jury believed from the evidence that the transuciion was substantially a mortgage, a conclusion which the existence of the subsequent lease...

...will not be given where there is evidence tending to prove the material facts necessary to maintain the issues for plaintiff, from which the jury may...appellant's series refused have been heretofore considered. Each of these instructions ignored the knowledge of the deceased of the rules of the company, and of...

...therefore of opinion that the court erred in refusing to give instructions asked for by appellant, to the effect that if the jury believed from the evidence that the plaintiff was in the actual possession of the dwelling-house, and occupying the same as a residence,...

...contends that the court erred in refusing to give, at his request, two instructions,— the first being to the effect that, if the jury believed from the evidence that the plaintiff in her deposition willfully swore falsely in regard to any material fact, then the whole...

...will not be given where there is evidence tending to prove the material facts necessary to maintain the issues for plaintiff, from which the jury may...the evidence that the rules of the company forbade the,englneer in its service to allow any person not in its employment to ride upon its engine, etc.,...

...saved. A number of instructions were given at the Instance of defendant, among others one marked No. 3, which was to the effect that if the jury believed from the evidence that the automobile at the time being driven by Conley was in his charge, but defendant and his wife were absent...

...In the charge. "The court erred in the sixth paragraph of Its general charge to the jury, which is to the effect that if the jury believed from the evidence that the train was not stopped long enough for Copley In his physical condition, as known to the conductor,...

...The concluding part of special charge No. 4 requested by the appellants, and refused by the court, to the effect that if the jury believed from the evidence that the appellants only agreed to sell the territory if they had the opportunity to do so, and that they would...

...will not be given where there is evidence tending to prove the material facts necessary to maintain the issues for plaintiff, from which the jury may...the deceased was not rightfully upon the engine, and tha plaintiff could not recover; and also the third, fourth, and sixth of appellant's series, refused,...