Arkansas Reports: Cases Determined in the Supreme Court of the State of Arkansas, at the ..., Том 111Woodruff Print. Company, 1914 |
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Страница 117 - If, when the unconstitutional portion is stricken out, that which remains is complete in itself, and capable of being executed in accordance with the apparent legislative intent, wholly independent of that which was rejected, it must be sustained.
Страница 93 - To determine whether a given case falls within the one class or the other we must inquire whose is the work being performed, — a question which is usually answered by ascertaining who has the power to control and direct the servants in the performance of their work. Here we must carefully distinguish between authoritative direction and control, and mere suggestion as to details or the necessary co-operation, where the work furnished is part of a larger undertaking.
Страница 116 - Where, therefore, a part of a statute is unconstitutional, that fact does not authorize the courts to declare the remainder void also, unless all the provisions are connected in subject-matter, depending on each other, operating together for the same purpose, or otherwise so connected together in meaning that it cannot be presumed the Legislature would have passed the one without the other.
Страница 518 - From the commencement of an action or special proceeding, or the service of an answer containing a counterclaim, the attorney who appears for a party has a lien upon his client's cause of action, claim or counterclaim, which attaches to a verdict, report, decision, judgment or final order...
Страница 166 - This entire policy, unless otherwise provided by agreement Indorsed hereon or added hereto, shall be void if ... the interest of the insured be other than unconditional and sole ownership; ... or if the subject of insurance be personal property and be or become encumbered by a chattel mortgage...
Страница 117 - ... belief that the legislature intended them as a whole and that, if all could not be carried into effect, the legislature would not pass the residue independently, and some parts are unconstitutional, all the provisions which are thus dependent, conditional or connected must fall with them.
Страница 88 - A bell of at least thirty pounds weight or a steam whistle shall be placed on each locomotive engine, and shall be rung or whistled at the distance of at least eighty rods from the place where the said railroad shall cross any other road or street, and be kept ringing or whistling until it shall have crossed said road or street...
Страница 145 - A general partner shall have all the rights and powers and be subject to all the restrictions and liabilities of a partner in a partnership without limited partners...
Страница 509 - The law presumes every man saae until the contrary is shown by the evidence; and before the defendant can be excused on the ground of insanity the jury must believe from the evidence that the defendant was, at the time of the killing...
Страница 93 - The control of the work reserved in the employer which makes the employee a mere servant is a control, not only of the result of the work, but also of the means and manner of the performance thereof.