Reports of Cases at Law and in Equity Argued and Determined in the Supreme Court of Arkansas, Volumen13B.J. Borden, 1853 |
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Página 32
... instruction . This would be a strong po- sition in case the iustructions were supported by facts going to show a revocation , or from which a jury would be authorized to draw such an inference . Such facts , however , we do not con ...
... instruction . This would be a strong po- sition in case the iustructions were supported by facts going to show a revocation , or from which a jury would be authorized to draw such an inference . Such facts , however , we do not con ...
Página 33
... instructions to be proceeded in according to law , and not inconsistent with this opinion . BUFORD & PUGH VS. KIRKPATRICK . The record of a judgment of a sister State , is entitled to the same credit here , and alike conclusive , as if ...
... instructions to be proceeded in according to law , and not inconsistent with this opinion . BUFORD & PUGH VS. KIRKPATRICK . The record of a judgment of a sister State , is entitled to the same credit here , and alike conclusive , as if ...
Página 36
... instructions to dispose of the issue at law , upon the plea of nil debet , which , as appears of record , remains in that court unde- termined . BANK OF THE STATE VS. STeen et al . Though a writ be voidable for variance from the ...
... instructions to dispose of the issue at law , upon the plea of nil debet , which , as appears of record , remains in that court unde- termined . BANK OF THE STATE VS. STeen et al . Though a writ be voidable for variance from the ...
Página 65
... instruction , and the plain- tiff excepted . The jury found for the defendant , and judgment was rendered against the plaintiff for costs . The plaintiff moved for a new trial , and assigned as cause : 1st . The court erred in ...
... instruction , and the plain- tiff excepted . The jury found for the defendant , and judgment was rendered against the plaintiff for costs . The plaintiff moved for a new trial , and assigned as cause : 1st . The court erred in ...
Página 83
... instruction of the court was altogether cor- rect as to the indemnity being rendered ineffectual by the sale on a judgment prior to the conveyance from Gougler . The ar- gument is , that it was land purchased after the judgment , and ...
... instruction of the court was altogether cor- rect as to the indemnity being rendered ineffectual by the sale on a judgment prior to the conveyance from Gougler . The ar- gument is , that it was land purchased after the judgment , and ...
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Términos y frases comunes
action affidavit affirmed alleged answer appear Arkansas Ashley assignment assumpsit attorney Barkman bond Bozeman cause chancery charge Chief Justice WATKINS Circuit Court claim common law complainant contract court of equity creditor Dallas county debt deceased decision declaration decree deed defendant delivered the opinion demand demurrer endorsement entitled equity evidence execution facts favor filed granted ground heirs held indictment issue JANUARY judge judgment juror jury law merchant legislature levy liable lien ment mortgage motion ne exeat negro objection offence overruled paid party payment person plaintiff plaintiff in error plea pleaded possession prisoner probate court proceedings proof prove provision purchase question Reardon record refused reversed rule scire facias Scott sheriff slave statute sued suit TERM testator testimony tion Trapnall trial Trustees R. E. Bank unlawful detainer verdict Walker Wend witness writ of error
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.