Reports of Cases at Law and in Equity Argued and Determined in the Supreme Court of Arkansas, Τόμος 11B.J. Borden, 1851 |
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Σελίδα 12
... action in the plaintiff , a general demurrer is sufficient . Davis vs. Gibson , 2 Ark R 115 , and other cases cited . Where a creditor brings an action upon an administrator's bond on account of the failure of the administrator to pay ...
... action in the plaintiff , a general demurrer is sufficient . Davis vs. Gibson , 2 Ark R 115 , and other cases cited . Where a creditor brings an action upon an administrator's bond on account of the failure of the administrator to pay ...
Σελίδα 14
... action or ground of defence , the pleading cannot be maintained , though the defect be not specified in the demurrer . ( Davis vs. Gibson , 2 Ark . 115. Roach vs. Scogin , 2 Ark . 128. Phillips & Martin vs. The Gov. , & c . , b . 382 ...
... action or ground of defence , the pleading cannot be maintained , though the defect be not specified in the demurrer . ( Davis vs. Gibson , 2 Ark . 115. Roach vs. Scogin , 2 Ark . 128. Phillips & Martin vs. The Gov. , & c . , b . 382 ...
Σελίδα 24
... action unless he proved possession of the pro- perty , ( Clark vs. Hill , 1 Harrington 335. Ward vs. Taylor , 1 State Rep . Penn . 238 , ) or a legal title in himself , ( Johnson vs. McIlwain , 1 Rice 368 , ) and , for this purpose ...
... action unless he proved possession of the pro- perty , ( Clark vs. Hill , 1 Harrington 335. Ward vs. Taylor , 1 State Rep . Penn . 238 , ) or a legal title in himself , ( Johnson vs. McIlwain , 1 Rice 368 , ) and , for this purpose ...
Σελίδα 29
... action was commenced within three years . after the accrual of the cause of action , ( Dig . chap . 99 , scc . 24 , p . 699. ) The finding and judgment of the court in the case be- fore us was therefore correct , and consequently there ...
... action was commenced within three years . after the accrual of the cause of action , ( Dig . chap . 99 , scc . 24 , p . 699. ) The finding and judgment of the court in the case be- fore us was therefore correct , and consequently there ...
Σελίδα 34
... action , yet we apprehend that the cause of action is as per- fectly stated without as with a profert . Profert is designed to furnish the court and defendant an opportunity to inspect the in- strument declared on , not to add to a ...
... action , yet we apprehend that the cause of action is as per- fectly stated without as with a profert . Profert is designed to furnish the court and defendant an opportunity to inspect the in- strument declared on , not to add to a ...
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Συχνά εμφανιζόμενοι όροι και φράσεις
alleged appear Arkansas Arkansas county assumpsit attorney authority aver Bank Batesville Biscoe boat bond Borden Brown cause of action chancery circuit court claim common law complainant constitution contract county court court of equity Crawford County creditors debt decision declaration decree deed defendant delivered the opinion demurrer dower Dwinal endorsement equity evidence execution executor fact favor fendant filed fraud Gatlin ground held Independence Circuit indictment instructions interest issue JANUARY judge judgment judicial JULY jurisdiction jury Justice WALKER lands legislature ment motion negro non est factum notice objection overruled parol party payment person plaintiff plea plead possession principle proceedings proof prove provisions Pryor purchase question record refused rendered replevin replication Reyburn rule sheriff statute sufficient suit sustained TERM testimony thereof tion trial trial de novo verdict void witness Writ of Error Yeates
Δημοφιλή αποσπάσματα
Σελίδα 158 - And the said records and judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the State from whence the said records are or shall be taken.
Σελίδα 400 - But a confession forced from the mind by the flattery of hope, or by the torture of fear, comes in so questionable a shape when it is to be considered as the evidence of guilt, that no credit ought to be given to it; and therefore it is rejected.
Σελίδα 547 - It is a universal principle that where power or jurisdiction is delegated to any public officer or tribunal over a subject matter, and its exercise is confided to his or their discretion, the acts so done are binding and valid as to the subject matter...
Σελίδα 162 - And the said records and judicial proceedings, so authenticated, shall have such faith and credit given to them in every court within the United States, as they have by law or usage in the courts of the state from which they are taken...
Σελίδα 264 - As a general rule, a party will be concluded from denying his own acts or admissions which were expressly designed to influence the conduct of another, and did so influence it, and when such denial will operate to the injury of the latter.
Σελίδα 729 - ... a power coupled with an interest.' Is it an interest In the subject on which the power is to be exercised, or Is It an interest iu that which is produced by the exercise of the power? We hold it to be clear that the interest which can protect a power after the death of a person who creates It must be an interest in the thing itself.
Σελίδα 406 - Every person who takes any woman unlawfully, against her will, and by force, menace, or duress, compels her to marry him, or to marry any other person, or to be defiled ,is punishable by imprisonment in the state prison not less than two nor more than fourteen years.
Σελίδα 253 - Know all men by these presents, that I, Charles Michiels, of Honolulu, Island of Oahu, for and in consideration of the sum of one dollar, to me in hand paid, the receipt whereof is hereby acknowledged...
Σελίδα 459 - That all murder which shall be perpetrated by means of poison, or by lying in wait, or by any other kind of wilful, deliberate and premeditated killing, or which shall be committed in the perpetration or attempt to perpetrate any arson, rape, robbery or burglary...
Σελίδα 541 - They are all of limited jurisdiction ; but they are not, on that account, inferior courts, in the technical sense of those words, whose judgments, taken alone, are to be disregarded. If the jurisdiction be not alleged in the proceedings, their judgments and decrees are erroneous, and may, upon a writ of error, or appeal, be reversed for that cause. But they are not absolute nullities.