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action affirmed alleged amendment amount appellant appellant's appellee Atty authority bank benefits Board called cause charge Circuit Cite as 509 City Civil claim Commission Company condition consider constitutional construction contends contract conviction counsel County Criminal Criminal Law damages deed defendant defendant's denied determine direct District effect entered error established evidence existing fact failed filed further give given granted ground guilty hearing held highway hold included injury instruction interest issue judge judgment jury land limited Louis matter ment Missouri motion objection offense officer operation opinion overruled parties person plaintiff possession present prior proceeding question reasonable record refused respondent result reversed rule sentence statement statute sufficient suit supra testified testimony Texas tion tract trial court verdict witness writ