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action affirmed alleged amount answer appellant appellant's appellee application attorney authority automobile bank Board cause charge Circuit Cite as 452 City Civil claim Commission Company condition considered constitutional contends contract conviction counsel County Criminal Law damages death deed defendant defendant's denied determine directed dismissal effect entered error established evidence fact failed failure filed further given granted ground guilty hearing held hold injury instruction interest issue judge judgment jury Justice land Louis matter ment Missouri motion notice objection offense operation opinion overruled parties person petition plaintiff present prior proceedings proof purchase question reason received record relating result reversed rule statement statute sufficient suit supra Supreme Court sustained testified testimony Texas tion trial court truck verdict witness writ