Download or read book The Texas Reports Cases Adjudged in the Supreme Court Volume 11 written by Texas Supreme Court and published by Rarebooksclub.com. This book was released on 2013-09 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1854 edition. Excerpt: ..." and certain remedy exists at law. The word trust is often " used in a very broad and comprehensive sense. Every de"posit is a direct trust. Every person who receives money " to be paid to another, or to be applied to a particular pur" pose, to which he does not apply it, is a trustee, and may be " sued, either at law for money had and received, or in equity, " as trustee, for a breach of trust. (Willis, Ch. J. in Scott v. "Seaman, Willis, R. 404, 405.) The reciprocal rights and " duties founded upon the various species of bailments and "growing out of those relations, as between hirer and letter " to hire, borrower and lender, depositary and the person de" positing, a commissioner and an employer, a receiver and "giver in pledge, are all cases of express and direct trust; " and these contracts, as Sir William Jones observes, (Jones " on Bailments, 2, ) are among the principal springs and wheels "of civil society. Are all such cases to be taken out of the " statute of limitations, under the notion of a trust, when one " of the parties solicits his remedy in this Court? A re" view of the decisions will enable us, as I apprehend, to de" duce from them a safer and sounder doctrine, and to establish " upon the solid foundation of authority and policy, this rule: "that trusts, intended by Courts of equity not to be reached "or affected by the statute of limitations, are those technical " and continuing trusts, which are not at all cognizable at law, "but fall within the proper, peculiar and exclusive jurisdic" tion of this Court." The Chancellor then proceeds to examine closely, but...
Download or read book The Texas Reports Cases Adjudged in the Supreme Court Volume 12 written by Texas Supreme Court and published by Rarebooksclub.com. This book was released on 2013-09 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1876 edition. Excerpt: ...he should have first made his application for a new trial before the Justice. And we are of opinion that it was not. 318 Justices of the Peace are generally men unlearned in the law. And persons who litigate in their Courts are not supposed to have the advice and assistance of counsel. Were they required to apply for a new trial, it. is scarcely to be supposed that without legal advice they would be enabled to bring their applications within the rules of the law applicable to that subject, though they might have sufficient legal grounds on which to base the application; or that the Justice would have a sufiicient acquaintance with the subject to decide rightly upon the legal sufi'lciency of the application. And if the party making the application should fail to bring himself within the rules which would legally entitle him to a new trial, there would be quite as much reason in law to refuse his application for a certiorari on that ground, as there can be for refusing it because_he did not_make the application. Besides, it is not to be supposed that such application would in general be of any avail. If the Justice has decided, without the intervention of a jury. it is not likely that he wilt reconsider his judgment; and it would be but to ask him to decide again what he had already decided, except where the application might be founded upon matters arising subsequent to the trial, which would seldom be the case. And if there has been the intervention of a jury, the propriety of whose verdict is in question, it is not to be supposed that the Justice would be more competent than they to decide whether their finding was in accordance with law and the evidence. Indeed, the doctrines respecting the granting of new trials can scarcely be said to...
Download or read book Reports of Cases Argued and Decided in the Supreme Court of the State of Texas written by Texas Supreme Court and published by Arkose Press. This book was released on 2015-10-03 with total page 852 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Download or read book The Texas Reports written by Texas Supreme Court Staff and published by . This book was released on 2013-10 with total page 786 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Texas Reports Cases Adjudged in the Supreme Court Volume 6 written by Texas Supreme Court and published by Rarebooksclub.com. This book was released on 2013-09 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1853 edition. Excerpt: ...is for delay, and prays damages. L1rscomz, J. Thatthe indorsementdid not, of itself, amount to a transfer, so as to enable the plaintiff to sue on the note, in his own name, is well settled. (Story on Prom. Notes, Sec. 1'25; 4 Johns. R. 227.) If the other payee had, previously to the indorsement made by Bright, his co-payee, relinquished his-interest to him, so that the whole interest was in him when he indorsed the note, to the plaintiff, this fact not appearing on the note, the plaintiff should have alleged it in his petition. In the absence of such allegation, it could not be received in evidence; because such evidence did not eonform to the allegations contained in the petition. We have repeatedly declared, that one of the most essential and peculiar advantages of our system of practice, consisted in the rule that the Allegata and Probata must agree, without regard to inferences and presumptions, tolerated under the common law pleading. Ve would hold a relaxation or depar ture from this rule, as a most dangerous encroachment on our system; and, if permitted to go unreversed, would become a precedent for further encroachments, and might terminate in the gradual introduction of much of the fiction of the Common Law declaration and pleading, that was obviously intended to be repudiated and avoided by the organization of our system of jurisprudence. The Court Ofred in admitting the evidence objected to; and for this error, the judgment must be reversed and the cause remanded. The afiidavit required by Article 50 (Hart. Dig.) to put the answer of the garnishee in issue, must be made by the plaintiff, not by his agent or attorney. It has been the uniform rule of decision of this Court, in cases of attachment especially, never to extend the...
Download or read book The Texas Reports Cases Adjudged in the Supreme Court Volume 56 written by Texas Supreme Court and published by Rarebooksclub.com. This book was released on 2013-09 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1882 edition. Excerpt: ...entitled previous to, and of which they were divested by, the sale of said road to W. J. Hutchins and others; and shall forward to the governor of the state a copy of said resolution, signed by the president and countersigned by the secretary or treasurer, under the seal of said company; and said company shall not have the power to repeal said resolution so as to defeat the object of this act: provided, that if the said original bona firle stockholders should fail to pay into the treasury'of said company ten per cent. upon their said stock on or before the expiration of the extension of time provided in this act for railroad companies to fulfil their charter obligationsto the state, then and in that case said stockholders shall forfeit all their rights, privileges and property interestsas stockholders in said road. An act for the relief of companies incorporated forpurposes of internal improvement, by allowing them further time for performance, on account of the pending war, passed February 13, 1862, providing that the timeof the continuance of the war_should not be computed against any internal improvement company in reckoning the period allowed them in their charters by any law, general or special, for the completion of any work contracted by them to do. Ch. 2. Re enacts same requirement as in the preceding act, precisely, with respect to the Houston & Texas Central Railroad Company. Ch. 3. The president and directors of any railroad in this state shall not have the power to sell out stockholders in said company by virtue of any law now in force until the expiration of the time of extension provided in this act for the fulfillment of its charter of obligations to the state. 225-7, Civil Code, arts. 4965-7....
Download or read book The Texas Reports Cases Adjudged in the Supreme Court Volume 62 written by Texas Supreme Court and published by Rarebooksclub.com. This book was released on 2013-09 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1885 edition. Excerpt: ...over its judgments until the term is closed, and that it has full power to vacate or amend the same until the adjournment of the term. Garza v. Baker, 58 Tex., 483. The same principle, of course, is equally applicable to a writ of error as to an appeal. Therefore, it must be considered that the court below was authorized to make any proper or appropriate order amendatory of the judgment. But the question still remains as to whether the record, as now presented, shows authority in Dibble to waive process and confess Judgment for the plaintiff in error. The statute provides that " when the judgment is confessed by attorney, the power of attorney shall be filed, and a. recital of the contents of the same be made in the judgment." R. S., art. 1348. While the written instrument authorizing the defendants in error to designate some attorney to confess judgment for the-plainfiifii in error is on file in the cause and is in part recited in the judgment, yet there was no writing on file at the time the judgment was rendered which would have authorized Dibble to act for P13-intifi in error in that particular. The statute contemplates that the record shall disclose the power or authority of the attorney, and not the power vested in some one else to designate an attorney to act for the party. It is claimed that the instrument, which in part forms the basis of this suit, is invalid l ec;use it is against public policy. That assertion is not sustained by the record. True, it is one of the H1059 Te' markable and far reaching instruments that we have ever been called upon to examine, still there is nothing in it violative of any P0110)' appertaining to the public. And there is nothing in the record outside of the character...
Download or read book The Texas Reports Cases Adjudged in the Supreme Court Volume 51 written by Texas Supreme Court and published by Rarebooksclub.com. This book was released on 2013-09 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1880 edition. Excerpt: ...He further alleged that the above acts of Cellgress were repealed by an act to establish a system of pllllllc free schools for the State of Texas, approved August 13, 1870, and that said repealing act was repealed by an act entitled "An act to establish and maintain a. system of public free schools in the State of Texas," approved April 30, 1873, thereby leaving said land vacant at the time of the settle-ment on it by the defendant in error. Henderson county failed to appear and answer the suit in the District Court of Jack county, and judgment by default was taken against it. Henderson county brought the case up by writ of error. Greenwood 5-Gooch, for plaintiff in error.--The court erred in rendering the judgment rendered in said cause, although the plaintitt"s case as stated may all be true and the verdict of the jury fully sustained by the evidence, because the case as stated by plaintiff in said suit and the verdict of the jury show that Henderson county had a good, valid, and indet'easible legal title to the four leagues vacated by the judgment of the court. We submit, that the provisions of the act of February 10, 1852, requiring the field-notes of surveys to be returned to the general land ofiice within twelve months from date of surveys, do not apply to surveys made by the counties ot' school lands for educational purposes. This court has decided that said act does not include the surveys of prcemptors. (Parish v. WVeathert'ord, 19 Tex., 211.) In the case of Milarn County v. Robertson, 33 Tex., 366, this court decided that the Provisions of said act do not apply to the counties. We further submit, that the acts of the Congress of the Republic approved January 26, 1839, and February 5, 1840, are not repealed, as...
Download or read book The Texas Reports Cases Adjudged in the Supreme Court Volume 3 written by Texas Supreme Court and published by Rarebooksclub.com. This book was released on 2013-09 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1881 edition. Excerpt: ... to the discretion of the court. 1 Chit. Cr. L. 299, 301; Whart. Cr. L. 131. And the court will grant or refuse the motion, as in its discretion it may deem proper; being guided in the exercise of that discretion by certain rules. 1 Chit. Cr. L. 299. Where the application is made on the part of the defendant, the English courts, it is said, have almost uniformly refused to quash an indictment when it appeared to be for some enormous crime; and they have also, in a great many instances, refused to quash indict-ments.for minor offenses. Whart. Am. Cr. L. 131. It is in the discretion of the court to quash an indictment for insufficiency, or put the party to a motion in arrest of udgment. Butwhen the question is doubtful the court will refuse to quash the indictment. Id. The court will not quash an indictment except in a very clear case Id.; 4 Yeates, 69; 1 Murph. 213, but will pint the party to a demurrer, or motion in arrest of judgment. "The court is under no legal obliga tion to quash a defective indictment on motion before the trial is concluded, as the party indicted has his remedy by a demurrer, or by a motion in arrest of judgment." 10 Shep. 191. " When the motion is made on the part of the defendant," says Mr. Uhitty, "the rules by which the court is guided are more strict, and their objections are more numerous; because, if the indictment be quashed, the recognizances viill become ineffectual; and the courts usually refuse to quash on the application of the defendant when the indictment is for a serious offense, unless upon the clearest and plainest ground, but will drive the party to a demurrer, or motion in arrest of udgment, or writ of error." 1 Chit. Cr. L. 300. The application, it is said, if...
Download or read book The Texas Reports Cases Argued and Decided in the Supreme Court of the State of Texas written by Texas Supreme Court and published by Sagwan Press. This book was released on 2015-08-27 with total page 786 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Download or read book The Texas Reports written by Texas. Supreme Court and published by . This book was released on 1899 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Texas Reports Cases Adjudged in the Supreme Court Volume 20 written by Texas Supreme Court and published by Rarebooksclub.com. This book was released on 2013-09 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1858 edition. Excerpt: ... judgment and execution from which the oflicer derived his power is produced. It appears that the deed in question was filed in the oflice of the Judge of the First Instance in De Witt's colony, and, upon the change of Government, transferred to the oflice of the County Clerk of the proper county, where it has remained of record, unimpeached, for nearly a quarter of a century. The purchaser was more immediately interested in its preservation, and it has been preserved; while it is not improbable that the docket of the Primary Judge may have been lost or destroyed, or placed beyond the reach of parties interested in his judgment, by some of the casualties consequent upon the revolution and change of Government and oflicers to whom the law confided its custody. To require the production of the judgment at this day, when the act of sale under it has remained thus long of record, unimpeached, and title has been claimed under it, would be to defeat the rights of purchasers, justly acquired, without any legal necessity, and in favor of those who, if they ever had rights, have begs so slow in asserting them, as not to entitle them to be regarded with any degree of favor. The deed being a judicial act. and having remained of record as evidence of title claimed under it, since before the change of Government, we are of opinion the Court did not err in admitting it in evidence without the production of the judgment, and holding it valid and effectual to divest the title of the plaintifls vendor. And the judgment is aflirmed. ' Judgment aflirmed. Where the defendant in a criminal case moved for a new trial on the ground oi' the misconduct of his counsel, supported by his own aflidavit alone, and there was an affidavit of said...
Download or read book The Texas Reports Cases Argued And Decided In The Supreme Court Of The State Of Texas written by Texas Supreme Court and published by Wentworth Press. This book was released on 2019-03-27 with total page 794 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Download or read book The Texas Reports Cases Adjudged in the Supreme Court Volume 33 written by Texas Supreme Court and published by Rarebooksclub.com. This book was released on 2013-09 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1882 edition. Excerpt: ...4985), as it affected not only the parties, but all subsequent purchasers with notice, and leaving the law exactly as it was before the passage of the said improvident provision. _ The judgment is therefore reversed and the cause remanded for further proceedings in accordance with this opinion. Reversed and remanded. 471 L. H. REED, ADMINIsrRAToR, ETC., v. W. F. NaLseN. 1. In 1859, N. executed his note to R., payable January 1, 1861. In 1862, R. left the note with A. for safe keeping, and in the latter part of that year authorized A. to receive payment of it without instructions or restrictions as to the mode of payment. On the first of January, 1863, A. received Confederate money from N. in payment of the note. and delivered up the note to N. Held, in view of the general and unrestricted authority conferred on A. by R., that the payment was good, and must be sustained as an executed contract which will not be disturbed. APPT: AL from Panola. Tried below before the Hon. J. B. Williamson. The character of this case is indicated in the opinion of the court. The excluded deposition of Anderson, designated 'iu the opinion as the bailee of the note, does not aflfirm that Reed, the payee, expressly empowered him to receive Confederate money. His authority to receive payment of the nou. was contained in a letter from Reed to Nelson, telling Nelson his note was in Anderson's hands, and if he wanted to pay it he could call on Anderson and pay it to him. This letter must have been written in December, 1862, and on the first of January, 1863, Nelson exhibited it to Anderson and paid him the amount of principal and interest of the note in Confederate currency, saying to Anderson that if it was not all right with Reed, he would make it right....
Download or read book Texas Reports written by Texas Supreme Court and published by Arkose Press. This book was released on 2015-10-06 with total page 818 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Download or read book The Texas Reports Cases Adjudged in the Supreme Court Volume 21 written by Texas Supreme Court and published by Rarebooksclub.com. This book was released on 2013-09 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1882 edition. Excerpt: ...is to procure the process of execution. 9 Tex. 499. The facts stated, to wit: her coverture and the want of her husband's consent, would under some circumstances be suflicient, under others not. Error from Lamar. Tried below before Hon. W. S. Todd, Suit by scirejircias to revive a judgment rendered upon an award by arbitrators. The plaintiff in error answered, that "said judgment is rendered upon an agreement made and entered into as between the said plaintiff and this defendant, upon which said agreement 43 9 the arbitrators made their award, which award was made the judgment of the court. Defendant says and charges, that at the time of making said agreement to arbitrate, she was incapable in law of making or entering into the same, being then and at the time of the making thereof a feme covert, the wife of Joseph P. Taylor, since deceased, and who never gave his assent or sanction to the same;" and that the agreement, the award and the judgment were void, etc. To this answer the defendant in error excepted, and the exception was sustained. This ruling of the court is embodied in a bill of exceptions. There was a judgment of revivor. Mills cf: Mills, for p1aintiff in error, cited Hemingway v. Matthews, 10 Tex. 207; Kavanaugh v. Brown, 1 Tex. 481. J. A. ZV. Murray, for appellee. I. The judgment on the award was final and conclusive, and as the same was not appealed from cannot now be inquired into. 16 Tex. 57 4. II. A petition for acire facias, to revive a judgment, is not necessary. Hopkins v. Howard, 12 Tex. 7. Ronmrrs, J. Defendant in error sought by scire facias to revive a judgment against plaintiff in error, who pleaded her coverture at the time judgment was rendered, and that her husband did not consent to the...
Download or read book The Texas Reports Vol 86 written by A. S. Walker and published by Forgotten Books. This book was released on 2017-11 with total page 824 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from The Texas Reports, Vol. 86: Cases Adjudged in the Supreme Court From June, 1893, to May, 1894 A. S. Walker, Sm, In the office of the Librarian of Congress, at. Washington, D. C. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
