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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45 페이지
... received and accepted in satisfaction . Accord with- out satisfaction is no bar . In general an accord should be executed and not executory . Where the plaintiff received from one of the defendants , ( who were joint trespassers ) ...
... received and accepted in satisfaction . Accord with- out satisfaction is no bar . In general an accord should be executed and not executory . Where the plaintiff received from one of the defendants , ( who were joint trespassers ) ...
51 페이지
... received . It was further stipulated between the parties , that Bal- lard's receipt should be taken up and delivered to Noaks , and he expressly agreed to look to defendants , Thomasin and Bryan , to take up the receipt and deliver it ...
... received . It was further stipulated between the parties , that Bal- lard's receipt should be taken up and delivered to Noaks , and he expressly agreed to look to defendants , Thomasin and Bryan , to take up the receipt and deliver it ...
57 페이지
... receiving it , does not form a valid bar to the action . The accord must be shown to be acccepted in satisfaction of ... received , and operate in full satisfaction . The satisfaction , as well as the accord , must be reasonable , sudden ...
... receiving it , does not form a valid bar to the action . The accord must be shown to be acccepted in satisfaction of ... received , and operate in full satisfaction . The satisfaction , as well as the accord , must be reasonable , sudden ...
59 페이지
... received on the trial , and that being the case , the pre- sumption is , other testimony might have been adduced which author- ized the verdict . Owing to the imperfections of the record , which is cured by the presumption in its favor ...
... received on the trial , and that being the case , the pre- sumption is , other testimony might have been adduced which author- ized the verdict . Owing to the imperfections of the record , which is cured by the presumption in its favor ...
80 페이지
... bond , when he has received the full consideration for which the obligation was given , in the enjoyment of the office , and the powers , The Auditor against Woodruff and others . principles , perquisites 80 CASES IN THE SUPREME COURT.
... bond , when he has received the full consideration for which the obligation was given , in the enjoyment of the office , and the powers , The Auditor against Woodruff and others . principles , perquisites 80 CASES IN THE SUPREME COURT.
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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.