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 27
... suit , and in failing to em- brace the defaulting defendants . The 80th sec . , ch . 126 , Digest , provides that , " Where there are several defendants in a suit , and some of them appear and plead and others make default , an in ...
... suit , and in failing to em- brace the defaulting defendants . The 80th sec . , ch . 126 , Digest , provides that , " Where there are several defendants in a suit , and some of them appear and plead and others make default , an in ...
Σελίδα 28
... suit within the bar , non - suit , and renewal within a year . Appeal from Washington Circuit Court . W. WALKER , for appellants . CARROLL , Bank Attorney , referred to sec . 24 , chap . 99 , Dig . Mr Justice SCOTT delivered the opinion ...
... suit within the bar , non - suit , and renewal within a year . Appeal from Washington Circuit Court . W. WALKER , for appellants . CARROLL , Bank Attorney , referred to sec . 24 , chap . 99 , Dig . Mr Justice SCOTT delivered the opinion ...
Σελίδα 39
... Suit commenced 30th October 1848. Plea by both defendants , severally , nil debit and actio . non accrevit within three years . Issue to first plea of each de- fendant , and three replications to each second plea : Rep . 1st , payment ...
... Suit commenced 30th October 1848. Plea by both defendants , severally , nil debit and actio . non accrevit within three years . Issue to first plea of each de- fendant , and three replications to each second plea : Rep . 1st , payment ...
Σελίδα 56
... suit is a mere farce : and if he does take it , is it not evident that the State and the bond- holders have parted ... suit . Story Eq . Pl . 81. Jeremy Eq . Pl . 31. 1 Danl . Ch . Pl . & Pr . 321 . We think , therefore , that the State ...
... suit is a mere farce : and if he does take it , is it not evident that the State and the bond- holders have parted ... suit . Story Eq . Pl . 81. Jeremy Eq . Pl . 31. 1 Danl . Ch . Pl . & Pr . 321 . We think , therefore , that the State ...
Σελίδα 83
... suit for dower , derives his title from , and holds under the title of her husband , as it existed during the coverture , he will not be permitted to deny the legal seizin of the husband . Collins vs. Terry , 7 John . Rep . 282 ...
... suit for dower , derives his title from , and holds under the title of her husband , as it existed during the coverture , he will not be permitted to deny the legal seizin of the husband . Collins vs. Terry , 7 John . Rep . 282 ...
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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.