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 27
... plaintiff be- low sought the recovery in his primitive title set out in the de- claration . And , when afterwards , at the final trial , it appears , as the bill of exceptions shows , that the plaintiff read " in evi- dence the ...
... plaintiff be- low sought the recovery in his primitive title set out in the de- claration . And , when afterwards , at the final trial , it appears , as the bill of exceptions shows , that the plaintiff read " in evi- dence the ...
Página 37
... plaintiff filed a petition for discovery , alleging that de- fendant , Jeremiah Webb , by his plea of nil debet , had put the exe- cution of the note sued on , by him , in issue . That , upon the face of the note , it appeared that the ...
... plaintiff filed a petition for discovery , alleging that de- fendant , Jeremiah Webb , by his plea of nil debet , had put the exe- cution of the note sued on , by him , in issue . That , upon the face of the note , it appeared that the ...
Página 38
... Plaintiff excepted to the decisions of the court excluding from the jury the writ and record evidence aforesaid . Verdict and judgment for defendants , and writ of error by plaintiff . S. H. HEMPSTEAD , for the plaintiff , cited State ...
... Plaintiff excepted to the decisions of the court excluding from the jury the writ and record evidence aforesaid . Verdict and judgment for defendants , and writ of error by plaintiff . S. H. HEMPSTEAD , for the plaintiff , cited State ...
Página 39
... plaintiff replied part payment , in confession and avoidance . The defendants demurred , and the question is , is ... plaintiff's replication . Let the judgment be affirmed . Howell vs. Milligan . [ JANUARY HOWELL VS. MILLIGAN . OF THE ...
... plaintiff replied part payment , in confession and avoidance . The defendants demurred , and the question is , is ... plaintiff's replication . Let the judgment be affirmed . Howell vs. Milligan . [ JANUARY HOWELL VS. MILLIGAN . OF THE ...
Página 41
... plaintiff . The defendant attempted to justify the taking under process from a justice of the peace . The pleas are formal , but the objection urged on demurrer is that the cause of action , on which the action before the justice was ...
... plaintiff . The defendant attempted to justify the taking under process from a justice of the peace . The pleas are formal , but the objection urged on demurrer is that the cause of action , on which the action before the justice was ...
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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.