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
... administrator's bond on account of the failure of the administrator to pay his claim against the es ate , the declaration should allege that his claim has been allowed and classed ordered to be paid by the probate court , and a demand ...
... administrator's bond on account of the failure of the administrator to pay his claim against the es ate , the declaration should allege that his claim has been allowed and classed ordered to be paid by the probate court , and a demand ...
Σελίδα 13
... administrator , and allowed by him , and at- terwards filed in the probate court of Washington county , al- lowed and classed . That Gordon collected and took into his possession the personal estate of his intestate , returned no in ...
... administrator , and allowed by him , and at- terwards filed in the probate court of Washington county , al- lowed and classed . That Gordon collected and took into his possession the personal estate of his intestate , returned no in ...
Σελίδα 15
... administrator , and it had been refused . But even if the declaration had been good , and , upon the overruling of the demurrer , the defendant below had refused to plead over , and elected to stand on his demurrer , as he did , a final ...
... administrator , and it had been refused . But even if the declaration had been good , and , upon the overruling of the demurrer , the defendant below had refused to plead over , and elected to stand on his demurrer , as he did , a final ...
Σελίδα 20
... , had there been no surprise , and that is , repel or defeat the testimony by which the party was surprised . See McFarland's administrators vs. Clark , 9 Dana's TERM , 1850 ] Levy vs. Brown & Fenno . 20 CASES IN THE SUPREME COURT.
... , had there been no surprise , and that is , repel or defeat the testimony by which the party was surprised . See McFarland's administrators vs. Clark , 9 Dana's TERM , 1850 ] Levy vs. Brown & Fenno . 20 CASES IN THE SUPREME COURT.
Σελίδα 21
... administrators had proved that the name of Sena Clark , subscribed to a paper purporting to be a receipt of full satisfac- tion from McFarland , was apparently in her hand - writing , she , on further examination as a witness , denied ...
... administrators had proved that the name of Sena Clark , subscribed to a paper purporting to be a receipt of full satisfac- tion from McFarland , was apparently in her hand - writing , she , on further examination as a witness , denied ...
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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.