Proceedings of the ... Annual Sessions of the Texas Bar Association, Volumen31order of the Association, 1913 The 13th-21st include "Rules for the courts of Texas." |
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amendment annual Appellate Court Applause application appointed Austin Beaumont believe bill Board of Directors Brenham BRYAN Chief Justice Civil Appeals Commission committee Congress Constitution corporations Court of Civil Dallas decisions deed district duly seconded duty El Paso elected fact Federal Fort Worth FRANKLIN Galveston gentlemen give granted HAWKINS Hillsboro Houston interstate commerce inventor John JUDGE BROWN JUDGE JENKINS JUDGE MCLAURIN Judge Reese judgment judicial judiciary July jurisdiction jury La Grange land Laughter law school lawyers legislation Legislature litigation matter meeting ment monopoly motion Norman G opinion party Paso pass Patent Office practice act present President procedure question recommend record reform regulation resolution rules San Angelo San Antonio section six statute Streetman substantive law Supreme Court temporary license Texarkana Texas Bar Association tion Toastmaster trial vote Waco Worth writ of error
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Página 167 - That a final judgment or decree in any suit, in the highest Court of law or equity of a State in which a decision in the suit could be had, where is drawn in question the validity of a treaty, or statute of, or an authority exercised under, the United States, and the decision is against their validity...
Página 188 - There is no position which depends on clearer principles than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void.
Página 193 - The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society, and can take no active resolution whatever.
Página 208 - ... in the Bill of Rights. They more or less limit the liberty of the individual, or they diminish property to a certain extent. We have few scientifically certain criteria of legislation, and as it often is difficult to mark the line where what is called the police power of the states is limited by the Constitution of the United States, judges should be slow to read into the latter a nolumus mutare as against the lawmaking power.
Página 188 - Nor does this conclusion by any means suppose a superiority of the judicial to the legislative power. It only supposes that the power of the people is superior to both, and that where the will of the legislature, declared in its statutes, stands in opposition to that of the people, declared in the Constitution, the judges ought to be governed by the latter rather than the former. They ought to regulate their decisions by the fundamental laws rather than by those which are not fundamental.
Página 166 - That in case any of said courts shall find that a suit at law should have been brought in equity or a suit in equity should have been brought at law, the court shall order any amendments to the pleadings which may be necessary to conform them to the proper practice. Any party to the suit shall have the right, at any stage of the cause, to amend his pleadings so as to obviate the objection that his suit was not brought on the right side of the court.
Página 240 - Office to any person who has invented or discovered any new and useful art, machine, manufacture, or composition of matter...
Página 269 - O Woman ! in our hours of ease, Uncertain, coy, and hard to please, And variable as the shade By the light quivering aspen made, When pain and anguish wring the brow, A ministering angel thou ! — Scarce were the piteous accents said, When, with the Baron's casque, the maid To the nigh streamlet ran.
Página 166 - That in all actions at law equitable defenses may be interposed by answer, plea, or replication without the necessity of filing a bill on the equity side of the court.
Página 240 - Any person who has invented or discovered any new and useful art, machine, manufacture or composition of matter, or any new and useful improvement thereof, not known or used by others in this country, and not patented or described in any printed publication in this or any foreign country, before his invention or discovery thereof...