Reports of Cases at Law and in Equity Argued and Determined in the Supreme Court of Arkansas, Volumen13 |
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Página 25
If there is a material variance between the allegations in the declaration and the
proof , the jury will find for defendants . 3d . A promissory note is a writing which
contains a promise of the payment of money to another , at or before a time ...
If there is a material variance between the allegations in the declaration and the
proof , the jury will find for defendants . 3d . A promissory note is a writing which
contains a promise of the payment of money to another , at or before a time ...
Página 28
... for variance between the allegations and the proof , they were purely abstract :
there being no more necessity to prove a ... be to prove two dates to any one
ordinary promissory note alleged to have been executed on one certain day only
.
... for variance between the allegations and the proof , they were purely abstract :
there being no more necessity to prove a ... be to prove two dates to any one
ordinary promissory note alleged to have been executed on one certain day only
.
Página 37
Steen et al . the allegations of the replications . Issues were made up to the other
pleas . The plaintiff filed a petition for discovery , alleging that defendant ,
Jeremiah Webb , by his plea of nil debet , had put the execution of the note sued
on , by ...
Steen et al . the allegations of the replications . Issues were made up to the other
pleas . The plaintiff filed a petition for discovery , alleging that defendant ,
Jeremiah Webb , by his plea of nil debet , had put the execution of the note sued
on , by ...
Página 70
JANUARY declaration set out the instrument , and alleged , as a breach , simply
the non - payment of the cord wood or its equivalent . The defendant demurred to
the declaration , on the ground that no notice to deliver , or demand of the wood ...
JANUARY declaration set out the instrument , and alleged , as a breach , simply
the non - payment of the cord wood or its equivalent . The defendant demurred to
the declaration , on the ground that no notice to deliver , or demand of the wood ...
Página 89
The bill further alleged that , on the death of Humphreys , the negro woman came
into possession of Susan Mills and her husband , who , in 1830 , removed to
Arkansas , where , in 1833 , the husband died , and where , after his death , his ...
The bill further alleged that , on the death of Humphreys , the negro woman came
into possession of Susan Mills and her husband , who , in 1830 , removed to
Arkansas , where , in 1833 , the husband died , and where , after his death , his ...
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Términos y frases comunes
according action admitted alleged allowed amount answer appear application assignment authority Bank bill bond brought cause charge Circuit Court claim common complainant consideration considered constitution contract debt decision decree deed defendant delivered demand effect entitled equity error et al evidence exceptions execution facts favor filed follows give given granted ground hands held indictment instructions intention interest issue JANUARY judge judgment jury Justice land lien limitation matter ment mortgage motion necessary notice objection offence opinion paid party payment person plaintiff plea possession presented principal prisoner proceedings proof prove provision purchase question reason received record refused regard reversed rule Scott slave statute sufficient suit sustained taken TERM testimony tion trial true Trustees unless verdict whole witness writ
Pasajes populares
Página 435 - 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.
Página 551 - The principle is believed to be universal, that a prior lien gives a prior claim, which is entitled to prior satisfaction, out of the subject it binds, unless the lien be intrinsically defective, or be displaced by some act of the party holding it which shall postpone him in a Court of law or equity to a subsequent claimant.
Página 323 - A bare fear of any of these offences, to prevent which the homicide is alleged to have been committed, shall not be sufficient to justify the killing. It must appear that the circumstances were sufficient to excite the fears of a reasonable person, and that the party killing really acted under the influence of those fears and not in a spirit of revenge.
Página 210 - That all men are by nature equally free and independent, and have certain inherent rights, of which, when they enter into a state of society, they cannot by any compact deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.
Página 669 - The decree of the Supreme Court of Arkansas is therefore reversed ; and the cause is remanded to that court, with instructions to enter a decree in pursuance of this opinion.
Página 323 - Tf a person kill another in self-defense, it must appear that the danger was so urgent and pressing that in order to save his own life, or to prevent his receiving great bodily harm, the killing of the other was absolutely necessary ; and it must appear also that the person killed was the assailant, or that the slayer had really and in good faith endeavored to decline any further struggle before the mortal blow was given.
Página 486 - Such subscription shall be made by the testator in the presence of each of the attesting witnesses, or shall be acknowledged by him to have been so made to each of the attesting witnesses.
Página 210 - Rights had already laid it down that " all men are by nature free and independent, and have certain inherent rights, of which, when they enter society, 1 Ancient Law, c.
Página 207 - That no man shall be taken or imprisoned, or disseized of his freehold, liberties or privileges, or outlawed or exiled, or in any manner destroyed, or deprived of his life, liberty, or property, but by the judgment of his peers, or the law of the land.
Página 377 - It is true that rape is a most detestable crime, and therefore ought severely and impartially to be punished with death; but it must be remembered that it is an accusation easily to be made and hard to be proved and harder to be defended by the party accused, though never so innocent.