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 14
... taken : for , in no possible form of stating the facts disclosed in the declaration , can any right of action be shown in the plaintiff below : and therefore , although these imperfections were not specially expressed in the demurrer ...
... taken : for , in no possible form of stating the facts disclosed in the declaration , can any right of action be shown in the plaintiff below : and therefore , although these imperfections were not specially expressed in the demurrer ...
Σελίδα 15
... taken off the record by nol pros . after they had , in a separate plea , set up matter going to their personal discharge , as infancy or bankruptcy , and not to the ac- tion of the writ , of which the others could take no advantage ...
... taken off the record by nol pros . after they had , in a separate plea , set up matter going to their personal discharge , as infancy or bankruptcy , and not to the ac- tion of the writ , of which the others could take no advantage ...
Σελίδα 17
... taken by surprise on the trial , and that the finding was contrary to law and evi- dence . In support of the motion he filed an affidavit as follows : " That upon the trial of this cause before the justice of the peace , Wm . Brown ...
... taken by surprise on the trial , and that the finding was contrary to law and evi- dence . In support of the motion he filed an affidavit as follows : " That upon the trial of this cause before the justice of the peace , Wm . Brown ...
Σελίδα 19
... taken the deposition of a witness under a commission which witness appeared in court upon the trial , having been introduced by the plaintiff and subjected to a viva voce examination , the de- fendant , after a finding against him ...
... taken the deposition of a witness under a commission which witness appeared in court upon the trial , having been introduced by the plaintiff and subjected to a viva voce examination , the de- fendant , after a finding against him ...
Σελίδα 42
... taken during the trial . The fact of the warranty itself is not clearly made out , yet it is believed that the jury might possibly have inferred , from the testimony of the plain- tiff's daughter , that the declaration in regard to the ...
... taken during the trial . The fact of the warranty itself is not clearly made out , yet it is believed that the jury might possibly have inferred , from the testimony of the plain- tiff's daughter , that the declaration in regard to the ...
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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.