Reports of Cases at Law and in Equity Argued and Determined in the Supreme Court of Arkansas, Том 26B.J. Borden, 1872 |
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Страница 28
... PARTIES . - The law requires contracting parties to be vigilant and to exercise due caution , and if the means of information are alike accessible to both , so that with ordinary prudence and diligence the parties might respectively ...
... PARTIES . - The law requires contracting parties to be vigilant and to exercise due caution , and if the means of information are alike accessible to both , so that with ordinary prudence and diligence the parties might respectively ...
Страница 31
... parties might respectively rely upon their own judgments , they must be presumed to have done so ; or , if they have not so informed themselves , must abide the consequences of their own inattention and carelessness . Strayhorn , in his ...
... parties might respectively rely upon their own judgments , they must be presumed to have done so ; or , if they have not so informed themselves , must abide the consequences of their own inattention and carelessness . Strayhorn , in his ...
Страница 34
... parties , at the time of mak- ing the sale , seems to have been called to the question of streets and alleys . It was no more the duty of Strayhorn to mention them than it was of Wilson to inquire after them . The neg- lect , or rather ...
... parties , at the time of mak- ing the sale , seems to have been called to the question of streets and alleys . It was no more the duty of Strayhorn to mention them than it was of Wilson to inquire after them . The neg- lect , or rather ...
Страница 43
... parties upon the other or by both upon persons not parties thereto , for the law will not sanction dis- honest views and practices by enabling an individual to ac- quire any right or interest by means thereof . Chitty on Con- tracts ...
... parties upon the other or by both upon persons not parties thereto , for the law will not sanction dis- honest views and practices by enabling an individual to ac- quire any right or interest by means thereof . Chitty on Con- tracts ...
Страница 57
... parties , by their respective at- torneys , agree that the facts are as follows : The tract of land described in the delaration was located with an eighty acre pre - emption float , under the act of Congress of 29th of May , 1830 , by ...
... parties , by their respective at- torneys , agree that the facts are as follows : The tract of land described in the delaration was located with an eighty acre pre - emption float , under the act of Congress of 29th of May , 1830 , by ...
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action Adm'r affidavit alleged answer appellant appellee Arkansas assignment authority bill of exceptions Bogan bond cause certificate Chicot County circuit court Circuit Judge claim clerk Code common law complainant Confederate Constitution contract Convention cotton county court court of equity debt DECEMBER declared decree deed defendant demurrer election entitled equitable lien error evidence executed facts filed Francis Griffin fraud Garland & Nash Gould's Digest grant Hale & Rector indictment issue James Sheppard Johnson judgment jurisdiction jury justice land Legislature lien Little Rock mandamus McDearmon McDiarmid ment mortgage motion overruled pardon parties payment Penn person petition plaintiff plea possession probate court proceedings Pulaski Pulaski county purchase money question quo warranto record rendered res adjudicata rule says Sheppard statute suit Supreme Court TERM thereof tion Tollison trial United valid verdict void Walker Ward writ
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Страница 183 - Though the Indians are acknowledged to have an unquestionable, and heretofore unquestioned, right to the lands they occupy, until that right shall be extinguished by a voluntary cession to our Government, yet it may well be doubted whether those tribes which reside within the acknowledged boundaries of the United States can with strict accuracy be denominated foreign nations. They may more correctly, perhaps, be denominated domestic dependent nations.
Страница 478 - That in actions by or against executors, administrators, or guardians, in which judgment may be rendered for or against them, neither party shall be allowed to testify against the other, as to any transaction with, or statement by, the testator, intestate, or ward, unless called to testify thereto by the opposite party, or required to testify thereto by the court.
Страница 294 - all persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other.
Страница 555 - The legislatures of those districts or new states, shall never interfere with the primary disposal of the soil by the United States in Congress assembled, nor with any regulations Congress may find necessary for securing the title in such soil to the bona fide purchasers. No tax shall be imposed on lands the property of the United States; and in no case shall non-resident proprietors be taxed higher than residents.
Страница 183 - They may, more correctly, perhaps, be denominated domestic dependent nations. They occupy a territory to which we assert a title independent of their will, which must take effect in point of possession when their right of possession ceases. Meanwhile they are in a state of pupilage. Their relation to the United States resembles that of a ward to his guardian.
Страница 88 - The powers of the government of the State of California shall be divided into three separate departments — the legislative, executive and judicial; and no person charged with the exercise of powers properly belonging to one of these departments shall exercise any functions appertaining to either of the others, except as in this Constitution expressly directed or permitted.
Страница 89 - The powers of the government of this state are divided into three distinct departments — the legislative, executive and judicial; and no person, or collection of persons, being one of these departments, shall exercise any power properly belonging to either of the others, except as hereinafter expressly directed or permitted.
Страница 332 - the indictment must contain: (1) the title of the prosecution, specifying the name of the court, in which the indictment is presented, and the names of the parties; (2) a statement of the acts constituting the offense, in ordinary and concise language, and in such a manner as to enable a person of common understanding to know what is intended...
Страница 90 - A pardon is an act of grace, proceeding from the power entrusted with the execution of the laws, which exempts the individual, on whom it is bestowed, from the punishment the law inflicts for a crime he has committed.
Страница 266 - A written constitution is, in every instance, a limitation upon the powers of government, in the hands of agents, for there never was a written republican constitution which delegated to functionaries all the latent powers which lie dormant in every nation, and are boundless in extent, and incapable of definition.