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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Стр. 1
... evidence need not be inserted . It is not absolutely necessary to insert documentary evidence in a bill of exceptions ; but it must be attached to the bill , and identified by being referred to as exhibits , etc. APPEAL from Chicot ...
... evidence need not be inserted . It is not absolutely necessary to insert documentary evidence in a bill of exceptions ; but it must be attached to the bill , and identified by being referred to as exhibits , etc. APPEAL from Chicot ...
Стр. 3
... evidence which it was agreed by counsel in the probate court , might be considered as evidence , at that hearing . The object of a bill of exceptions is to put upon the record all the facts tending to show the decisions of the court ...
... evidence which it was agreed by counsel in the probate court , might be considered as evidence , at that hearing . The object of a bill of exceptions is to put upon the record all the facts tending to show the decisions of the court ...
Стр. 4
... evidence in the court below . In Taylor v . Spears , 8 Ark . , 429 , this court held that where papers are read in evidence by a party on a trial , and the opposite party takes a bill of exceptions , undertaking to set out the evidence ...
... evidence in the court below . In Taylor v . Spears , 8 Ark . , 429 , this court held that where papers are read in evidence by a party on a trial , and the opposite party takes a bill of exceptions , undertaking to set out the evidence ...
Стр. 5
... evidence could be presented than is found in this bill of exceptions , to show that the bill of exceptions pre- sented to and signed by the probate judge was defective and did not show the error complained of , or else why the necessi ...
... evidence could be presented than is found in this bill of exceptions , to show that the bill of exceptions pre- sented to and signed by the probate judge was defective and did not show the error complained of , or else why the necessi ...
Стр. 10
... evidence in the case over the objection of defendant . " Third . " Because the court erred in permitting the testi- mony of J. J. Martin , the rebutting witness , to go to the jury as evidence in the cause . " That portion of Logwood's ...
... evidence in the case over the objection of defendant . " Third . " Because the court erred in permitting the testi- mony of J. J. Martin , the rebutting witness , to go to the jury as evidence in the cause . " That portion of Logwood's ...
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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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Стр. 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.
Стр. 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.
Стр. 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.
Стр. 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...
Стр. 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.
Стр. 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...
Стр. 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.
Стр. 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.
Стр. 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.
Стр. 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.