Reports of Cases at Law and in Equity Argued and Determined in the Supreme Court of Arkansas, Volumen11B.J. Borden, 1851 |
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Página 12
... claim against the es ate , the declaration should allege that his claim has been allowed and classed ordered to be paid by the probate court , and a demand and refusal by the administrator , as held in Outlaw vs. Yell , & c . , 5 Ark ...
... claim against the es ate , the declaration should allege that his claim has been allowed and classed ordered to be paid by the probate court , and a demand and refusal by the administrator , as held in Outlaw vs. Yell , & c . , 5 Ark ...
Página 13
... claims were presented to Gordon , as such administrator , and allowed by him , and at- terwards filed in the probate court of Washington county , al- lowed and classed . That Gordon collected and took into his possession the personal ...
... claims were presented to Gordon , as such administrator , and allowed by him , and at- terwards filed in the probate court of Washington county , al- lowed and classed . That Gordon collected and took into his possession the personal ...
Página 30
... claims , but that defendant had gone into no settlement with him , protesting that the claims were unjust , and that he was not indebted to plaintiff on a fair settlement ; that plaintiff had defrauded him in the settlement of the ...
... claims , but that defendant had gone into no settlement with him , protesting that the claims were unjust , and that he was not indebted to plaintiff on a fair settlement ; that plaintiff had defrauded him in the settlement of the ...
Página 57
... claim . About this , there can be no question . The law is that all incidental securities follow the debt and pass with it by the assignment to the assignee . The case of Patterson vs. Hull , 9 Cow . 75 , and the authorities there cited ...
... claim . About this , there can be no question . The law is that all incidental securities follow the debt and pass with it by the assignment to the assignee . The case of Patterson vs. Hull , 9 Cow . 75 , and the authorities there cited ...
Página 62
... claims , he must show the precise nature of them so that the court may judge of their validity . ( Ayres vs. Mitchell , 3 S. & M 391. Hanna vs. Harper , ib . 802. ) In this bill , there is only a general allegation that the vendor had ...
... claims , he must show the precise nature of them so that the court may judge of their validity . ( Ayres vs. Mitchell , 3 S. & M 391. Hanna vs. Harper , ib . 802. ) In this bill , there is only a general allegation that the vendor had ...
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Términos y frases comunes
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
Pasajes populares
Página 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.
Página 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.
Página 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...
Página 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...
Página 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.
Página 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.
Página 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.
Página 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...
Página 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...
Página 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.