Reports of Cases Argued and Determined in the Supreme Court of the State of Arkansas, at ..., in Law and Equity, 2권Budd and Colby, 1841 |
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50 페이지
... pay- ment for the hides , and if he could not get the purchase money for them , to take back the hides . Noaks had the hides in tan when John Hill applied for payment for them . Noaks refused payment , but offered to give back part of ...
... pay- ment for the hides , and if he could not get the purchase money for them , to take back the hides . Noaks had the hides in tan when John Hill applied for payment for them . Noaks refused payment , but offered to give back part of ...
101 페이지
... payment and set - off were put in , and the plaintiff demurred to the plea of nil debet , and filed replications to the pleas of payment and set - off , tendering an issue to the country in each , to which the defendant does not add a ...
... payment and set - off were put in , and the plaintiff demurred to the plea of nil debet , and filed replications to the pleas of payment and set - off , tendering an issue to the country in each , to which the defendant does not add a ...
104 페이지
... payment and set - off , tender an issue to the country in which Wooster failed to join by adding the " similiter , " and for this default , judgment was given against him by nil dicit , and the question is , is this such a default in ...
... payment and set - off , tender an issue to the country in which Wooster failed to join by adding the " similiter , " and for this default , judgment was given against him by nil dicit , and the question is , is this such a default in ...
128 페이지
... pay the same sum in good cash notes : and the general breach is that the defendant had failed to pay the several sums of money in good cash notes , or otherwise . To this declaration the defendant filed his general demurrer , not ...
... pay the same sum in good cash notes : and the general breach is that the defendant had failed to pay the several sums of money in good cash notes , or otherwise . To this declaration the defendant filed his general demurrer , not ...
129 페이지
... payment or duty to be performed is to be on re- quest , the request is parcel and part of the contract , a special request is necessary , 1 Saund . 33 b .; Harden 87 , 88. Where the day of payment is fixed by the contract , the law ...
... payment or duty to be performed is to be on re- quest , the request is parcel and part of the contract , a special request is necessary , 1 Saund . 33 b .; Harden 87 , 88. Where the day of payment is fixed by the contract , the law ...
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accord and satisfaction according admitted affidavit aforesaid alleged appear Arkansas assignment assumpsit attorney Auditor authority averment Belding bill of exceptions bond breach cause of action Chicot county Circuit Court common law Constitution contract covenant Cummins damages debt debtor decision declaration defect delivered the opinion demurrer discharge dollars Dunn entitled evidence executed expressly facts fendant filed garnishee given Governor ground instructions interest issue Judge judgment judicial jurisdiction jury Justice Legislature levy liable matter ment motion objection obligor overruled oyer party payment Peace person plaintiff in error plea plea in abatement pleaded presumption principle privilege privity of contract proceedings proof prove provisions Pulaski Pulaski county question receipt record refused replevin resident right of action rule satisfaction Sevier against Holliday Sheriff statute sued sufficient suit Supreme Court sustained term testimony thereof tion trial verdict Walker Wend witness writ of error writing obligatory
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258 페이지 - to issue writs of mandamus in cases warranted by the principles and usages of law, to any courts appointed, or persons holding office, under the authority of the United States.
546 페이지 - ... defectively or imperfectly stated or omitted, and without which it is not to be presumed that either the judge would direct the jury to give or the jury would have given the verdict, such defect, imperfection, or omission is cured by the verdict...
229 페이지 - The general principle on which this species of evidence is admitted is that they are declarations made in extremity, when the party is at the point of death, and when every hope of this world is gone — when every motive to falsehood is silenced, and the mind is induced by the most powerful considerations to speak the truth. A situation so solemn and so awful is considered by the law as creating an obligation equal to that which is imposed by a positive oath, administered in a court of justice.
284 페이지 - No person or persons, belonging to one of these departments, shall exercise any of the powers properly belonging to either of the others, except in the cases herein expressly directed or permitted.
299 페이지 - All men are born equally free and independent, and have certain inherent and indefeasible rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing, and protecting property and reputation, and of pursuing their own happiness.
257 페이지 - The supreme court, except in cases otherwise directed by this constitution, shall have appellate jurisdiction only, which shall be co-extensive with the state, under such restrictions and regulations, not repugnant to this constitution, as may, from time to time, be prescribed by law...
257 페이지 - It is the essential criterion of appellate jurisdiction that it revises and corrects the proceedings in a cause already instituted, and does not create that cause.
266 페이지 - No person shall be a senator who shall not have attained the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state for which he shall be chosen.
615 페이지 - Now the general principle on which this species of evidence is admitted is that they are declarations made in extremity, when the party is at the point of death, and when every hope of this world is gone; when every motive to falsehood is silenced, and the mind is induced by the most powerful considerations to speak the truth ; a situation so solemn and so awful is considered by the law as creating an obligation equal to that which is imposed by a positive oath administered in a court of justice.
283 페이지 - The powers of the government of the State of Alabama shall be divided into three distinct departments; and each of them confided to a separate body of magistracy to wit, those which are legislative, to one; those which are executive to another, and those which are judicial to another.