Reports of Cases Argued and Determined in the Supreme Court of the State of Arkansas, at ..., in Law and Equity, Band 2Budd and Colby, 1841 |
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Seite 8
... facts , in bar to the plaintiff's right of action , and the plea , after setting up our statute of assignments , as constituting a valid de- fence , concludes with a verification . The replication admits the facts as pleaded , but ...
... facts , in bar to the plaintiff's right of action , and the plea , after setting up our statute of assignments , as constituting a valid de- fence , concludes with a verification . The replication admits the facts as pleaded , but ...
Seite 18
... fact not stated in a bill of exceptions will be noticed , on error . Sec also Butcher v . Reil , 1 Mo. Rep . 262 ... facts upon the record . These are , by demurrer to evidence , bill of exceptions , or special verdict ; and though ...
... fact not stated in a bill of exceptions will be noticed , on error . Sec also Butcher v . Reil , 1 Mo. Rep . 262 ... facts upon the record . These are , by demurrer to evidence , bill of exceptions , or special verdict ; and though ...
Seite 20
... facts the law or the practice of the courts requires to be enrolled , constitute and form a part of the record ... fact may be spread upon the record . Cole v . Driskell , 1st Blackf . 16 ; Gist v . Higgins , 1st Bibb 304 . The question ...
... facts the law or the practice of the courts requires to be enrolled , constitute and form a part of the record ... fact may be spread upon the record . Cole v . Driskell , 1st Blackf . 16 ; Gist v . Higgins , 1st Bibb 304 . The question ...
Seite 26
... facts stated by the sheriff in his return , show a legal service , the truth of the return cannot , as a general rule , be collaterally questioned by the parties to the proceedings . But where the return , admitting all the facts stated ...
... facts stated by the sheriff in his return , show a legal service , the truth of the return cannot , as a general rule , be collaterally questioned by the parties to the proceedings . But where the return , admitting all the facts stated ...
Seite 29
... fact stated in the return , which is always taken as true until the contrary is proved ; that the defect in the ... facts stated in it to be true , essentially fails to show a valid legal service , we are not aware of the existence ...
... fact stated in the return , which is always taken as true until the contrary is proved ; that the defect in the ... facts stated in it to be true , essentially fails to show a valid legal service , we are not aware of the existence ...
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Häufige Begriffe und Wortgruppen
accord and satisfaction according admitted affidavit aforesaid alleged appear Arkansas assignment assumpsit attorney Auditor authority averment Belding bill of exceptions bond breach cause of action Chicot county Circuit Court common law Constitution contract covenant Cummins damages debt debtor decision declaration defect delivered the opinion demurrer discharge dollars Dunn entitled evidence executed expressly facts fendant filed garnishee given Governor ground instructions interest issue Judge judgment judicial jurisdiction jury Justice Legislature levy liable matter ment motion objection obligor overruled oyer party payment Peace person plaintiff in error plea plea in abatement pleaded presumption principle privilege privity of contract proceedings proof prove provisions Pulaski Pulaski county question receipt record refused replevin resident right of action rule satisfaction Sevier against Holliday Sheriff statute sued sufficient suit Supreme Court sustained term testimony thereof tion trial verdict Walker Wend witness writ of error writing obligatory
Beliebte Passagen
Seite 258 - to issue writs of mandamus in cases warranted by the principles and usages of law, to any courts appointed, or persons holding office, under the authority of the United States.
Seite 546 - ... defectively or imperfectly stated or omitted, and without which it is not to be presumed that either the judge would direct the jury to give or the jury would have given the verdict, such defect, imperfection, or omission is cured by the verdict...
Seite 229 - The general principle on which this species of evidence is admitted is that they are declarations made in extremity, when the party is at the point of death, and when every hope of this world is gone — when every motive to falsehood is silenced, and the mind is induced by the most powerful considerations to speak the truth. A situation so solemn and so awful is considered by the law as creating an obligation equal to that which is imposed by a positive oath, administered in a court of justice.
Seite 284 - No person or persons, belonging to one of these departments, shall exercise any of the powers properly belonging to either of the others, except in the cases herein expressly directed or permitted.
Seite 299 - All men are born equally free and independent, and have certain inherent and indefeasible rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing, and protecting property and reputation, and of pursuing their own happiness.
Seite 257 - The supreme court, except in cases otherwise directed by this constitution, shall have appellate jurisdiction only, which shall be co-extensive with the state, under such restrictions and regulations, not repugnant to this constitution, as may, from time to time, be prescribed by law...
Seite 257 - It is the essential criterion of appellate jurisdiction that it revises and corrects the proceedings in a cause already instituted, and does not create that cause.
Seite 266 - No person shall be a senator who shall not have attained the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state for which he shall be chosen.
Seite 615 - Now the general principle on which this species of evidence is admitted is that they are declarations made in extremity, when the party is at the point of death, and when every hope of this world is gone; when every motive to falsehood is silenced, and the mind is induced by the most powerful considerations to speak the truth ; a situation so solemn and so awful is considered by the law as creating an obligation equal to that which is imposed by a positive oath administered in a court of justice.
Seite 283 - The powers of the government of the State of Alabama shall be divided into three distinct departments; and each of them confided to a separate body of magistracy to wit, those which are legislative, to one; those which are executive to another, and those which are judicial to another.