Reports of Cases at Law and in Equity Argued and Determined in the Supreme Court of Arkansas, Том 28B.J. Borden, 1876 |
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Страница 14
... held in Stillwell v . Gray , 17 Ark . , 473 , that " where there is an exception to the instructions given by the court below , and all the testimony is saved by a bill of excep- tions , this court will consider the testimony only so ...
... held in Stillwell v . Gray , 17 Ark . , 473 , that " where there is an exception to the instructions given by the court below , and all the testimony is saved by a bill of excep- tions , this court will consider the testimony only so ...
Страница 16
... held that a general exception to an en- tire charge could not be sustained , if any independent por- tion of the charge was correct . These cases are referred to by the supreme court of the United States , in Johnson v . Jones et al ...
... held that a general exception to an en- tire charge could not be sustained , if any independent por- tion of the charge was correct . These cases are referred to by the supreme court of the United States , in Johnson v . Jones et al ...
Страница 17
... held in Stillwell v . Gray , 17 Ark . , 473 , that where there is an exception to the instruction . given by the court below , and all the testimony saved by a bill of exceptions , this court will consider the testimony only so far as ...
... held in Stillwell v . Gray , 17 Ark . , 473 , that where there is an exception to the instruction . given by the court below , and all the testimony saved by a bill of exceptions , this court will consider the testimony only so far as ...
Страница 25
... held her out to the world as his wife . In such cases the law will not permit the truth to be proven , because it would do injustice and work a fraud . But here the person claiming to be the wife , assuredly has no higher equities than ...
... held her out to the world as his wife . In such cases the law will not permit the truth to be proven , because it would do injustice and work a fraud . But here the person claiming to be the wife , assuredly has no higher equities than ...
Страница 32
... held the land under him , by the assignment of the title bond , on the 16th of October , 1866 , could stand in no better condition than he . Among those who so held under him , were the other three demurrants , namely , Ward and Hughes ...
... held the land under him , by the assignment of the title bond , on the 16th of October , 1866 , could stand in no better condition than he . Among those who so held under him , were the other three demurrants , namely , Ward and Hughes ...
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action Adm'r administrator affirmed alleged amount answer appellant appellee Arkansas assignment attorney authority aver bill of exceptions bond cause certificates Chicot county circuit court Circuit Judge claim clerk Coit collector complaint constitution contract conveyance county court county seat court of equity creditor debt debtor deceased declared decree deed defendant demurrer dollars Elisha Baxter enforce entitled equity error evidence Ex'r execution facts filed held homestead indictment instructions intended interest issued Jefferson county Johnson judgment jurisdiction jury lands legislature levied Lewis lien mandamus ment mortgage motion notes Odd Fellows Building overruled paid parties payment person petition plaintiff Pope county possession probate court proceedings purchase money question quo warranto record refused remedy rendered rule Russellville sheriff sold statute suit taxes testimony thereof tion trial vendee vendor warrant wife Woodruff County writ
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Страница 273 - When the legislative and executive powers are united in the same person, or in the same body of magistrates, there can be no liberty ; because apprehensions may arise, lest the same monarch or senate should enact tyrannical laws, to execute them in a tyrannical manner.
Страница 274 - It is not meant to affirm that they must be kept wholly and entirely separate and distinct, and have no common link of connection or dependence, the one upon the other in the slightest degree. The true meaning is, that the whole power of one of these departments should not be exercised by the same hands, which possess the whole power of either of the other departments ; and that such exercise of the whole would subvert the principles of a free constitution.
Страница 347 - ... 1. That the court has no jurisdiction of the person of the defendant, or the subject of the action ; or, 2. That the plaintiff has not legal capacity to sue ; or, 3. That there is another action pending between the same parties for the same cause ; or, 4.
Страница 563 - The obligation of the contract between the parties in this case was to perform the promises and undertakings contained therein ; the right of the plaintiff was to damages for the breach thereof, to bring suit and obtain a judgment, to take out and prosecute an execution against the defendant till the judgment was satisfied, pursuant to the existing laws of Illinois. These laws giving these rights were as perfectly binding on the defendant, and as much a part of the contract, as if they had been set...
Страница 100 - The law of selfdefense is founded on necessity, and in order to justify the taking of life upon this ground, it must not only appear that the defendant had reason to believe, and did believe, that he was in danger of his life or of receiving great bodily harm, but it must also appear to the defendant's comprehension as a reasonable man that, to avoid such danger, it was necessary for him to take the life of the assailant.
Страница 21 - Though in most, if not all, the United States there are statutes regulating the celebration of marriage rites, and inflicting penalties on all who disobey the regulations, yet it is generally considered, that, in the absence of any positive statute declaring that all marriages not celebrated in the prescribed manner shall be...
Страница 57 - 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 the property is probably insufficient to discharge the mortgage debt.
Страница 135 - The person having the highest number of votes shall be declared duly elected ; but if any two or more shall be highest and equal in votes for the same office, one of them shall be chosen by the joint vote of both houses.
Страница 247 - It is a well established principle that where an individual in the prosecution of a right does everything which the law requires him to do, and he fails to attain his right by the misconduct or neglect of a public officer, the law will protect him.
Страница 311 - MARCY, delivering the opinion of the court, said: '-The general rule is, that where a statute specifies the time within which a public officer is to perform an official act regarding the rights and duties of others, it will be considered as directory merely, unless the nature of the act to be performed, or the language used by the legislature, show that the designation of the time was intended as a limitation of the power of the officer.