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. 29
... suit was commenced , and that there was no proof of demand by Davis on Allen for the corn before suit . The Court overruled the motion , Allen excepted , and set out the evidence , & c . The substance of the evidence is stated in the ...
... suit was commenced , and that there was no proof of demand by Davis on Allen for the corn before suit . The Court overruled the motion , Allen excepted , and set out the evidence , & c . The substance of the evidence is stated in the ...
Стр. 36
... suit on the same cause of action , as held in State Bank v . Sherrill , 6 Eng . Rep . 334 , & c . On a proper ... suit within the bar , non- suit , and commencement of the present suit within a year there- after ; to which the defendants ...
... suit on the same cause of action , as held in State Bank v . Sherrill , 6 Eng . Rep . 334 , & c . On a proper ... suit within the bar , non- suit , and commencement of the present suit within a year there- after ; to which the defendants ...
Стр. 39
... suit , it is no answer to the plea , and is bad on demurrer . Appeal from Pulaski Circuit Court . S. H. HEMPSTEAD , for the plaintiff . Mr. Justice WALKER delivered the opinion of the Court . This was an action of debt by the Bank of ...
... suit , it is no answer to the plea , and is bad on demurrer . Appeal from Pulaski Circuit Court . S. H. HEMPSTEAD , for the plaintiff . Mr. Justice WALKER delivered the opinion of the Court . This was an action of debt by the Bank of ...
Стр. 41
... suit before the justice was instituted on the fol- lowing instrument : " On or before the 1st of January , 1843 , I promise to pay Solomon Hudspeth ninety - five dollars in good paper currency at par , bearing ten per cent . from date ...
... suit before the justice was instituted on the fol- lowing instrument : " On or before the 1st of January , 1843 , I promise to pay Solomon Hudspeth ninety - five dollars in good paper currency at par , bearing ten per cent . from date ...
Стр. 42
... suit was brought in the circuit court on a note for the payment of money , it was debt . The note was for one hundred dollars . The law fixing the jurisdiction of justices in such cases , prescribes that in actions of debt , & c ...
... suit was brought in the circuit court on a note for the payment of money , it was debt . The note was for one hundred dollars . The law fixing the jurisdiction of justices in such cases , prescribes that in actions of debt , & c ...
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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.