The South Western Reporter, Τόμος 251
Includes the decisions of the Supreme Courts of Missouri, Arkansas, Tennessee, and Texas, and Court of Appeals of Kentucky; Aug./Dec. 1886-May/Aug. 1892, Court of Appeals of Texas; Aug. 1892/Feb. 1893-Jan./Feb. 1928, Courts of Civil and Criminal Appeals of Texas; Apr./June 1896-Aug./Nov. 1907, Court of Appeals of Indian Territory; May/June 1927-Jan./Feb. 1928, Courts of Appeals of Missouri and Commission of Appeals of Texas.
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action affirmed agent agreed alleged amount answer appellant appellee applied assessment authority bank carrier cause charge circuit court claim condition Constitution contract crossing damages death deceased deed defendant defendant's delivered denied direct district duty effect entered error evidence fact favor feet filed follows further give given ground held hold injury instruction interest issue Judge judgment jury KEY-NUMBER land liability loss Louis matter ment motion negligence notice objection opinion paid parties person petition plain plaintiff pleadings present purchase question railroad reason received record recover reference refused result reversed road rule statute sufficient suit sustained testified testimony thereof tion track train trial verdict witness
Σελίδα 381 - ... be delivered or over whose line or lines such property may pass, and no contract, receipt, rule or regulation shall exempt such common carrier, railroad or transportation company from the liability hereby imposed : Provided, that nothing in this section shall deprive any holder of such receipt or bill of lading of any remedy or right of action which he has under existing law.
Σελίδα 381 - That any common carrier, railroad, or transportation company receiving property for transportation from a point in one State to a point in another State shall issue a receipt or bill of lading therefor and shall be liable to the lawful holder thereof for any loss, damage, or injury to such property caused by it...
Σελίδα 213 - Legislature may authorize, and in such manner as it may authorize the same, for the following purposes to wit: (a) The improvement of rivers, creeks, and streams to prevent overflows, and to permit of navigation thereof, or irrigation thereof, or in aid of such purposes. (b) The construction and maintenance of pools, lakes, reservoirs, dams, canals and waterways for the purposes of irrigation, drainage or navigation, or in aid thereof.
Σελίδα 276 - ... and provided further, that any voter who is subject to pay a poll tax under the laws of the State of Texas shall have paid said tax before offering to vote at any election in this State and hold a receipt showing that said poll tax was paid before the first day of February next preceding such election.
Σελίδα 384 - The principle is, that whatever relates merely to the remedy and constitutes part of the procedure is determined by the law of the forum, for matters of process must be uniform in the courts of the same country ; but whatever goes to the substance of the obligation and affects the rights of the parties, as growing out of the contract itself, or inhering in it or attaching to it, is governed by the law of the contract.
Σελίδα 433 - Under the Interstate Commerce Act, the rate of the carrier duly filed is the only lawful charge. Deviation from. it is not permitted upon any pretext. Shippers and travelers are charged with notice of it, and they as well as the carrier must abide by it, unless it is found by the Commission to be unreasonable. Ignorance or misquotation of rates is not an excuse for paying or charging either less or more than the rate filed.
Σελίδα 406 - A contract of a corporation, which is ultra vires, in the proper sense,, that is to say, outside the object of its creation as defined in the law of its organization, and therefore beyond the powers conferred upon it by the legislature, is not voidable only, but wholly void, -and of no legal effect. The objection to the contract is, not merely that the corporation ought not to have made it, but that it could not make it.
Σελίδα 385 - Provided, that nothing in this section shall deprive any holder of such receipt or bill of lading of any remedy or right of action which he has under existing law.
Σελίδα 354 - ... has not been made, shall be furnished with a certified copy of said contract and bond, upon which said person or persons supplying such labor...