Reports of Cases at Law and in Equity Argued and Determined in the Supreme Court of Arkansas, 11권B.J. Borden, 1851 |
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14 페이지
... facts stated in the dec- laration or pleading , cannot , under any form of stating them , be made to exhibit a legal cause of action or ground of defence , the pleading cannot be maintained , though the defect be not specified in the ...
... facts stated in the dec- laration or pleading , cannot , under any form of stating them , be made to exhibit a legal cause of action or ground of defence , the pleading cannot be maintained , though the defect be not specified in the ...
20 페이지
... fact respect- ing which the party seeking a new trial had been lulled either by the antagonist party or the witnesses of that party , and had therefore been surprised . And in a case of such surprise , the fact that the omitted ...
... fact respect- ing which the party seeking a new trial had been lulled either by the antagonist party or the witnesses of that party , and had therefore been surprised . And in a case of such surprise , the fact that the omitted ...
21 페이지
... fact to which she was called upon the trial , but simply that she had virtually admitted the fact . The fact here stands upon an entirely different ground and would much more fully justify the defendant in relying upon the testimony of ...
... fact to which she was called upon the trial , but simply that she had virtually admitted the fact . The fact here stands upon an entirely different ground and would much more fully justify the defendant in relying upon the testimony of ...
25 페이지
... facts , which may lawfully be established by parol evidence . It cannot be received , either to contradict documentary ... fact without the production of the record . ( See Scott vs. Clare , 3 Camp . 236. Summerset vs. Adamson , 1 Bing ...
... facts , which may lawfully be established by parol evidence . It cannot be received , either to contradict documentary ... fact without the production of the record . ( See Scott vs. Clare , 3 Camp . 236. Summerset vs. Adamson , 1 Bing ...
34 페이지
... fact , was this independent averment of profert , although not made in the same count , sufficient ? We think it was ... facts . The counts , though care- lessly drawn , are substantially in debt . The judgment of the Independence ...
... fact , was this independent averment of profert , although not made in the same count , sufficient ? We think it was ... facts . The counts , though care- lessly drawn , are substantially in debt . The judgment of the Independence ...
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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
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158 페이지 - 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.
400 페이지 - 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.
547 페이지 - 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...
162 페이지 - 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...
264 페이지 - 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.
729 페이지 - ... 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.
406 페이지 - 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.
253 페이지 - 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...
459 페이지 - 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...
541 페이지 - 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.