Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky, 1785-1951, Том 12;Том 75 |
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Страница 7
... rule is sanctified by time , and has always been recognized and upheld by this court . The right , even in the most extreme case , to pursue and kill a retreating assail- ant is one which ceases as soon as the assailed has reasonable ...
... rule is sanctified by time , and has always been recognized and upheld by this court . The right , even in the most extreme case , to pursue and kill a retreating assail- ant is one which ceases as soon as the assailed has reasonable ...
Страница 11
... rule by which the rights of the parties are to be determined . The material averments of the petition are as follows : Now the plaintiffs state that one of the conditions men- tioned in said covenant is that the defendants " bind them ...
... rule by which the rights of the parties are to be determined . The material averments of the petition are as follows : Now the plaintiffs state that one of the conditions men- tioned in said covenant is that the defendants " bind them ...
Страница 19
... rules of the common law " all who are present , aiding and assisting a man to commit a rape , are principal offenders in the second degree , whether they be men or women . " ( 1 Russ . 676. ) Bishop states the rule to be , " Where rape ...
... rules of the common law " all who are present , aiding and assisting a man to commit a rape , are principal offenders in the second degree , whether they be men or women . " ( 1 Russ . 676. ) Bishop states the rule to be , " Where rape ...
Страница 22
... rule of construction , be regarded as an approval of those decisions . So , too , the provision of the present constitution that private property shall not be taken for public use without just compensation previously made IS AN IMPLIED ...
... rule of construction , be regarded as an approval of those decisions . So , too , the provision of the present constitution that private property shall not be taken for public use without just compensation previously made IS AN IMPLIED ...
Страница 35
... rule of law that one dealing with an agent is bound , at his peril , to know the extent of the agent's au- thority , and that if an agent has special instructions , and those instructions are known to one dealing with him , the ...
... rule of law that one dealing with an agent is bound , at his peril , to know the extent of the agent's au- thority , and that if an agent has special instructions , and those instructions are known to one dealing with him , the ...
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adjudged adm'r administrator alleged amended amount answer appellee authority aver Bank bond Bush cause of action chap chapter CIRCUIT COURT CITED For Appellant Civil Code claim clerk Commonwealth constitution contract county court court of equity creditors damages Dana debt debtor deed defendant DELIVERED THE OPINION demurrer devised Elizabethtown enforce entitled equity evidence ex'r execution exemption fact filed guardian Harrison County heirs held homestead husband indictment infants intended interest intestate J. J. Mar John Morris jurisdiction jury land legislature liable lien LINDSAY DELIVERED LOUISVILLE CHANCERY COURT mechanic's lien ment Morris mortgage non est factum notice owner paid party payment petition plaintiff plea pleadings proceedings promissory note purchaser question Railroad Company reason record recover rendered rents Revised Statutes rule Session Acts sued suit sureties sustained testator thereof tion tract usury void widow wife
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Страница 325 - 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.
Страница 27 - We know of no case, in which a legislative act to transfer the property of A to B, without his consent, has ever been held a constitutional exercise of legislative power in any State in the Union. On the contrary, it has been constantly resisted as inconsistent with just principles, by every judicial tribunal in which it has been attempted to be enforced.
Страница 708 - In an action by a mortgagee for the foreclosure of his mortgage and sale of the mortgaged property, where it appears that the .mortgaged property is in danger of being lost, removed, or materially injured, or that the condition of the mortgage has not been performed, and that the property is probably insufficient to discharge the mortgage debt; 3.
Страница 114 - That no man, or set of men, are entitled to exclusive or separate emoluments or privileges from the community, but in consideration of public services; which not being descendible, neither ought the offices of Magistrate, Legislator, or Judge, to be hereditary.
Страница 324 - In pleading a judgment or other determination of, or proceeding before a court or officer of special jurisdiction, it is...
Страница 248 - If, without sufficient excuse, the defendant neglects to appear for arraignment or for trial or judgment, or upon any other occasion when his presence in court may be lawfully required, or to surrender himself in execution of the judgment, the court must direct the fact to be entered upon its minutes, and the undertaking of bail, or the money deposited instead of bail, as the case may be, must thereupon be declared forfeited.
Страница 87 - The taking of bail consists in the acceptance, by a competent court or magistrate, of the undertaking of sufficient bail for the appearance of the defendant, according to the terms of the undertaking, or that the bail will pay to the people of this State a specified sum.
Страница 281 - But the point might have been shortly dismissed with this safe declaration, that there is no direct constitutional inhibition upon the States, nor any clause in the Constitution, from which it can be even plausibly inferred that the States may not legislate upon the remedy in suits upon the judgments of other States, exclusive of all interference with their merits.
Страница 245 - No indictment is insufficient, nor can the trial, judgment, or other proceedings thereon be affected, by reason of a defect or imperfection in matter of form, which does not tend to the prejudice of the substantial rights of the defendant, upon the merits.
Страница 653 - Individual rights call for its exercise, the language used, though permissive in form, is in fact peremptory. What they are empowered to do for a third person the law requires shall be done. The power is given, not for their benefit, but for his.