Reports of Cases at Law and in Equity Argued and Determined in the Supreme Court of Arkansas, Том 27B.J. Borden, 1873 |
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Страница 12
... granted at the instance of an individual for the determina- tion of a private right . PETITION FOR QUO WARRANTO . Watkins & Rose , for Petitioner . As to the objection that the writ of quo warranto can only be brought on the relation of ...
... granted at the instance of an individual for the determina- tion of a private right . PETITION FOR QUO WARRANTO . Watkins & Rose , for Petitioner . As to the objection that the writ of quo warranto can only be brought on the relation of ...
Страница 13
... granted at the instance of an individual for the determination of a private right . The counsel for the appellant ask : " Will any one say that the jurisdiction of this court depends upon the breath of the Attorney General ? " and in ...
... granted at the instance of an individual for the determination of a private right . The counsel for the appellant ask : " Will any one say that the jurisdiction of this court depends upon the breath of the Attorney General ? " and in ...
Страница 22
... granting the appeal . When that is regular , the jurisdiction is com- plete here . The question of jurisdiction in inferior courts , in certain cases , is , often , one of an intricate nature , and can only be settled by the highest ...
... granting the appeal . When that is regular , the jurisdiction is com- plete here . The question of jurisdiction in inferior courts , in certain cases , is , often , one of an intricate nature , and can only be settled by the highest ...
Страница 25
... these reasons , the prayer of the petitioner must be granted . The return of the sheriff and sale under the execu- tion are set aside and held for naught . Woodruff v . Scruggs . [ DECEMBER ANDERSON V. BENJAMIN OF THE STATE OF ARKANSAS .
... these reasons , the prayer of the petitioner must be granted . The return of the sheriff and sale under the execu- tion are set aside and held for naught . Woodruff v . Scruggs . [ DECEMBER ANDERSON V. BENJAMIN OF THE STATE OF ARKANSAS .
Страница 34
... granted a new trial . Reed rs . Latham , 1 Ark . , 66 ; Pogue vs. Joiner , 7 Id . 463 ; Russell vs. Cady , 15 Id . 540 ; Wallace es . Brown , 17 Id . 449 ; Hicks vs. Mances , 19 Id . 701 . Byers , for Appellec . BENNETT , J. - This suit ...
... granted a new trial . Reed rs . Latham , 1 Ark . , 66 ; Pogue vs. Joiner , 7 Id . 463 ; Russell vs. Cady , 15 Id . 540 ; Wallace es . Brown , 17 Id . 449 ; Hicks vs. Mances , 19 Id . 701 . Byers , for Appellec . BENNETT , J. - This suit ...
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action Adm'r administrator alleged amount answer appellant appellee Arkansas assessed assigned attorney authority aver Bank bill bond Casselberry cause Chancery Circuit Court Circuit Judge claim clerk Code complainant Constitution contract conveyance County Court county seat Court of Chancery court of equity creditors debt DECEMBER declared decree deed defendant demand demurrer dollars ELISHA BAXTER entitled error evidence execution facts filed Fort Smith district Garland & Nash Gould's Digest heirs held interest issue judgment jurisdiction jury Killian lands Legislature levy Little Rock mandamus ment mortgage motion overruled paid parties payment person petition plaintiff plea pleadings possession Probate Court proceedings provides purchase money question quo warranto Rapley real estate record remedy rendered rule Sebastian county secure sheriff Smith sold statute suit sustained TERM thereof tion trial trust Tuley vendor void wife writ
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Страница 492 - 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 258 - that the laws of the several States, except where the Constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases where they apply.
Страница 508 - J agreement has been reduced into writing, it is competent to the parties, at any time before breach of it, by a new contract not in writing, either altogether to waive, dissolve, or annul the former agreement, or in any manner to add to, or subtract from, or vary or qualify the terms of it, and thus to make a new contract, which is to be proved partly by the written agreement and partly by the subsequent verbal terms engrafted upon what will be thus left of the written agreement.
Страница 607 - If the Act of Incorporation be a grant of political power, if it create a civil institution to be employed in the administration of the government, or if the funds of the college be public property, or if the State of New Hampshire, as a government, be alone interested in its transactions, the subject is one in which the legislature of the State may act according to its own judgment, unrestrained by any limitation /' of its power imposed by the Constitution of the United States.
Страница 128 - As men, whose intentions require no concealment, generally employ the words which most directly and aptly express the ideas they intend to convey, the enlightened patriots who framed our constitution, and the people who adopted it, must be understood to have employed words in their natural sense, and to have intended what they have said.
Страница 282 - If any bill shall not be returned by the Governor within five days, Sundays excepted, after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the General Assembly by their adjournment prevent its return, in which case it shall not be a law.
Страница 547 - Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants...
Страница 4 - ... and truly paid, independently of the recital in the deed. Notice must be denied previous to and down to the time of paying the money, and the delivery of the deed ; and if notice is specially charged, the denial must be of all circumstances referred to, from which notice can be inferred; and the answer or plea show how the grantor acquired title . . . The title purchased must be apparently perfect, good at law, a vested estate in fee-simple.
Страница 490 - It is an elementary principle of criminal pleading, that where the definition of an offense, whether it be at common law or by statute, "includes generic terms, it is not sufficient that the indictment shall charge the offense in the same generic terms as in the definition; but it must state the species ; it must descend to particulars.
Страница 640 - Where there is no actual fraudulent intent, and a voluntary conveyance is made to a child in consideration of love and affection, if the grantor is in prosperous circumstances, unembarrassed, and not considerably indebted, and the gift is a reasonable provision for the child according to his state and condition in life, comprehending but a small portion of his estate, leaving ample funds unencumbered for the payment of the grantor's debts ; then such conveyance will be valid against conveyances existing...