Reports of Cases at Law and in Equity Argued and Determined in the Supreme Court of Arkansas, Том 13B.J. Borden, 1853 |
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Стр. 11
... notice of payment or set - off . Is it a good defence against it in the hands of an innocent assignee that the maker paid it off before it was due and still left it outstanding , enabling the holder to transfer it and cheat the ...
... notice of payment or set - off . Is it a good defence against it in the hands of an innocent assignee that the maker paid it off before it was due and still left it outstanding , enabling the holder to transfer it and cheat the ...
Стр. 20
... notice to the drawer , and that the evidence conduced to prove a reason- able expectation in Coyle that the bill would be honored ; and therefore he was warranted in drawing it , and entitled to due diligence and notice . These same ...
... notice to the drawer , and that the evidence conduced to prove a reason- able expectation in Coyle that the bill would be honored ; and therefore he was warranted in drawing it , and entitled to due diligence and notice . These same ...
Стр. 34
... notice , was not void , ( Borden et al . v . State use Robinson , 6 Eng .. ) and no special plea raised the question of notice ; ( Barkman v . Hopkins & McMe- chen , 6 Eng . May v . Jamison , 6 Eng . , ) and the judgment cannot be ...
... notice , was not void , ( Borden et al . v . State use Robinson , 6 Eng .. ) and no special plea raised the question of notice ; ( Barkman v . Hopkins & McMe- chen , 6 Eng . May v . Jamison , 6 Eng . , ) and the judgment cannot be ...
Стр. 45
... notice to the defendants , the service of the summons being by a deputy , who did not disclose the name of his principal , ( 1 Eng . 396 ) ; and no appearance by the defendant ; the cause should therefore have been dismissed for want of ...
... notice to the defendants , the service of the summons being by a deputy , who did not disclose the name of his principal , ( 1 Eng . 396 ) ; and no appearance by the defendant ; the cause should therefore have been dismissed for want of ...
Стр. 70
... notice to deliver , or demand of the wood was averred in the declaration . The court overruled the demurrer , defendant rested , inquest of damages and final judgment , from which defendant appealed . ENGLISH , for the plaintiff . There ...
... notice to deliver , or demand of the wood was averred in the declaration . The court overruled the demurrer , defendant rested , inquest of damages and final judgment , from which defendant appealed . ENGLISH , for the plaintiff . There ...
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action affidavit affirmed alleged answer appear Arkansas Ashley assignment assumpsit attorney Barkman bond Bozeman cause chancery charge Chief Justice WATKINS Circuit Court claim common law complainant contract court of equity creditor Dallas county debt deceased decision declaration decree deed defendant delivered the opinion demand demurrer endorsement entitled equity evidence execution facts favor filed granted ground heirs held indictment issue JANUARY judge judgment juror jury law merchant legislature levy liable lien ment mortgage motion ne exeat negro objection offence overruled paid party payment person plaintiff plaintiff in error plea pleaded possession prisoner probate court proceedings proof prove provision purchase question Reardon record refused reversed rule scire facias Scott sheriff slave statute sued suit TERM testator testimony tion Trapnall trial Trustees R. E. Bank unlawful detainer verdict Walker Wend witness writ of error
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Стр. 435 - 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.
Стр. 551 - The principle is believed to be universal, that a prior lien gives a prior claim, which is entitled to prior satisfaction, out of the subject it binds, unless the lien be intrinsically defective, or be displaced by some act of the party holding it which shall postpone him in a Court of law or equity to a subsequent claimant.
Стр. 323 - A bare fear of any of these offences, to prevent which the homicide is alleged to have been committed, shall not be sufficient to justify the killing. It must appear that the circumstances were sufficient to excite the fears of a reasonable person, and that the party killing really acted under the influence of those fears and not in a spirit of revenge.
Стр. 210 - That all men are by nature equally free and independent, and have certain inherent rights, of which, when they enter into a state of society, they cannot by any compact deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.
Стр. 669 - The decree of the Supreme Court of Arkansas is therefore reversed ; and the cause is remanded to that court, with instructions to enter a decree in pursuance of this opinion.
Стр. 323 - Tf a person kill another in self-defense, it must appear that the danger was so urgent and pressing that in order to save his own life, or to prevent his receiving great bodily harm, the killing of the other was absolutely necessary ; and it must appear also that the person killed was the assailant, or that the slayer had really and in good faith endeavored to decline any further struggle before the mortal blow was given.
Стр. 486 - Such subscription shall be made by the testator in the presence of each of the attesting witnesses, or shall be acknowledged by him to have been so made to each of the attesting witnesses.
Стр. 210 - Rights had already laid it down that " all men are by nature free and independent, and have certain inherent rights, of which, when they enter society, 1 Ancient Law, c.
Стр. 207 - That no man shall be taken or imprisoned, or disseized of his freehold, liberties or privileges, or outlawed or exiled, or in any manner destroyed, or deprived of his life, liberty, or property, but by the judgment of his peers, or the law of the land.
Стр. 377 - It is true that rape is a most detestable crime, and therefore ought severely and impartially to be punished with death; but it must be remembered that it is an accusation easily to be made and hard to be proved and harder to be defended by the party accused, though never so innocent.