Reports of Cases Argued and Determined in the Supreme Court of the State of Arkansas, at ..., in Law and Equity, Volume 2Budd and Colby, 1841 |
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Page 26
... sheriff's return on a writ of summons , in the following words : " Executed the withi by reading , April 8th , 1839 , " is not sufficient to sustain a judgment by default . The law presumes that every public officer will perform his ...
... sheriff's return on a writ of summons , in the following words : " Executed the withi by reading , April 8th , 1839 , " is not sufficient to sustain a judgment by default . The law presumes that every public officer will perform his ...
Page 27
... sheriff's return , as first made , was sufficient upon which to render a judgment . A reading to the defendant is ... sheriff returns that fact in this case , it must have been " ex necessitate rei " executed upon the de- fendant ...
... sheriff's return , as first made , was sufficient upon which to render a judgment . A reading to the defendant is ... sheriff returns that fact in this case , it must have been " ex necessitate rei " executed upon the de- fendant ...
Page 28
... sheriff , endorsed on the writ , sufficient in law to authorize and uphold the judgment by default given against him by the Circuit Court ? The solution of this question depends upon the construction to be given to the thirteenth ...
... sheriff , endorsed on the writ , sufficient in law to authorize and uphold the judgment by default given against him by the Circuit Court ? The solution of this question depends upon the construction to be given to the thirteenth ...
Page 29
... sheriff in his return of process show a legal service , as a general rule their truth cannot collaterally be questioned by the parties to the ceedings ; but when the return , admitting all the facts stated in it to be true , essentially ...
... sheriff in his return of process show a legal service , as a general rule their truth cannot collaterally be questioned by the parties to the ceedings ; but when the return , admitting all the facts stated in it to be true , essentially ...
Page 30
... sheriff . The proposition stated and relied on by the defendants in error , that no appeal will lie in favor of the de- fendant from a judgment by default , until he has applied to the court to set aside the judgment , and failed in his ...
... sheriff . The proposition stated and relied on by the defendants in error , that no appeal will lie in favor of the de- fendant from a judgment by default , until he has applied to the court to set aside the judgment , and failed in his ...
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Common terms and phrases
accord and satisfaction according admitted affidavit aforesaid alleged appear Arkansas assignment assumpsit attorney Auditor authority averment Belding bill of exceptions bond breach cause of action Chicot county Circuit Court common law Constitution contract covenant Cummins damages debt debtor decision declaration defect delivered the opinion demurrer discharge dollars Dunn entitled evidence executed expressly facts fendant filed garnishee given Governor ground instructions interest issue Judge judgment judicial jurisdiction jury Justice Legislature levy liable matter ment motion objection obligor overruled oyer party payment Peace person plaintiff in error plea plea in abatement pleaded presumption principle privilege privity of contract proceedings proof prove provisions Pulaski Pulaski county question receipt record refused replevin resident right of action rule satisfaction Sevier against Holliday Sheriff statute sued sufficient suit Supreme Court sustained term testimony thereof tion trial verdict Walker Wend witness writ of error writing obligatory
Popular passages
Page 258 - to issue writs of mandamus in cases warranted by the principles and usages of law, to any courts appointed, or persons holding office, under the authority of the United States.
Page 546 - ... defectively or imperfectly stated or omitted, and without which it is not to be presumed that either the judge would direct the jury to give or the jury would have given the verdict, such defect, imperfection, or omission is cured by the verdict...
Page 229 - The general principle on which this species of evidence is admitted is that they are declarations made in extremity, when the party is at the point of death, and when every hope of this world is gone — when every motive to falsehood is silenced, and the mind is induced by the most powerful considerations to speak the truth. A situation so solemn and so awful is considered by the law as creating an obligation equal to that which is imposed by a positive oath, administered in a court of justice.
Page 284 - No person or persons, belonging to one of these departments, shall exercise any of the powers properly belonging to either of the others, except in the cases herein expressly directed or permitted.
Page 299 - All men are born equally free and independent, and have certain inherent and indefeasible rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing, and protecting property and reputation, and of pursuing their own happiness.
Page 257 - The supreme court, except in cases otherwise directed by this constitution, shall have appellate jurisdiction only, which shall be co-extensive with the state, under such restrictions and regulations, not repugnant to this constitution, as may, from time to time, be prescribed by law...
Page 257 - It is the essential criterion of appellate jurisdiction that it revises and corrects the proceedings in a cause already instituted, and does not create that cause.
Page 266 - No person shall be a senator who shall not have attained the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state for which he shall be chosen.
Page 615 - Now the general principle on which this species of evidence is admitted is that they are declarations made in extremity, when the party is at the point of death, and when every hope of this world is gone; when every motive to falsehood is silenced, and the mind is induced by the most powerful considerations to speak the truth ; a situation so solemn and so awful is considered by the law as creating an obligation equal to that which is imposed by a positive oath administered in a court of justice.
Page 283 - The powers of the government of the State of Alabama shall be divided into three distinct departments; and each of them confided to a separate body of magistracy to wit, those which are legislative, to one; those which are executive to another, and those which are judicial to another.