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Reports of Cases Argued and Determined in the Supreme Court of Tennessee, Том 7
Joseph Brown Heiskell
Просмотр фрагмента - 1870
Reports of Cases Argued and Determined in the Supreme Court of Tennessee ...
Tennessee Supreme Court
Недоступно для просмотра - 2016
action alleged allowed amount answer appeal applied attachment attorney authority bill bond cause Chancellor Chancery Court charge Circuit Court cited claim Clerk Code Cold complainant Confederate consideration contract costs County death debt decree deed defendant defendant in error delivered the opinion dollars effect entitled equity et al evidence exceptions execution existence fact filed follows further give given Government ground Head held hold insisted intended interest issue James John Joseph Judge judgment jurisdiction jury Justice land liability matter ment motion notice objection original paid party payment person plaintiff in error plea present presiding principle proof proved purchase question reason received record rendered reversed rule says Smith Sneed sold soldiers statute sufficient suit taken term testimony tion trial United verdict void wife witness
Стр. 514 - that the laws of the several States, except where the Constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases where they apply.
Стр. 717 - Story says, if the mistake is made out of proofs entirely satisfactory, equity will reform the contract so as to make it conform to the precise intent of the parties; but if the proofs are doubtful and unsatisfactory, and the mistake is not made entirely plain, equity will withhold relief, upon the ground that the written paper ought to be treated as a full and correct expression of the intent, until the contrary is established beyond reasonable controversy.
Стр. 269 - Without considering any of the other questions which have been argued, we reverse the judgment and Remand the cause for a new trial.
Стр. 121 - They bore, indeed, this character upon their face, for they were made payable -after the ratification of a treaty of peace between the Confederate States and the United States of America.
Стр. 716 - ... violates the manifest intention of the parties to the agreement, equity will correct the mistake so as to produce a conformity of the instrument to the agreement.
Стр. 134 - Contracts stipulating for payments in this currency cannot be regarded for that reason only as made in aid of the foreign invasion in the one case, or of the domestic insurrection in the other. They have no necessary relations to the hostile government, whether invading or insurgent. They are transactions in the ordinary course of civil society, and, though they may indirectly and remotely promote the ends of the unlawful government, are without blame, except when proved to have been entered into...
Стр. 134 - ... insurgent. They are transactions in the ordinary course of civil society, and, though they may indirectly and remotely promote the ends of the unlawful government, are without blame, except when proved to have been entered into with actual intent to further invasion or insurrection. We cannot doubt that such contracts should be enforced in the courts of the United States, after the restoration of peace, to the extent of their just obligation.
Стр. 58 - The United States acknowledge and protect, in hostile countries occupied by them, religion and morality ; strictly private property ; the persons of the inhabitants, especially those of women ; and the sacredness of domestic relations. Offences to the contrary shall be rigorously punished.