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 79
... averment , that the Governor has approved the bond and endorsed his approval upon it , is not , in our opinion , fatal to the declaration , for ex vi termini it either creates or destroys , increases or diminishes the obligation of the ...
... averment , that the Governor has approved the bond and endorsed his approval upon it , is not , in our opinion , fatal to the declaration , for ex vi termini it either creates or destroys , increases or diminishes the obligation of the ...
Page 81
... averment that the Governor had endorsed his approval on the bond , is is necessary . The second and third grounds of demurrer specially set forth , are , in our opinion , clearly untenable ; for , although the plaintiff , by making ...
... averment that the Governor had endorsed his approval on the bond , is is necessary . The second and third grounds of demurrer specially set forth , are , in our opinion , clearly untenable ; for , although the plaintiff , by making ...
Page 82
... averments in the declaration show conclusively , that the suit is by , and in the name of , the Auditor of Public Accounts , for the State of Arkansas , in his official character , and not in his private or individual right for a demand ...
... averments in the declaration show conclusively , that the suit is by , and in the name of , the Auditor of Public Accounts , for the State of Arkansas , in his official character , and not in his private or individual right for a demand ...
Page 83
... averment of the de- livery thereof by the defendants , and it is not usual in pleading such instruments , to allege the delivery by a distinct averment . Having thus briefly noticed and disposed of the causes of demurrer specially ...
... averment of the de- livery thereof by the defendants , and it is not usual in pleading such instruments , to allege the delivery by a distinct averment . Having thus briefly noticed and disposed of the causes of demurrer specially ...
Page 102
... averment of the non - existence of the debt at the time of the plea pleaded , which is all the plea does aver , is consistent with the valid execution of the instrument . Second . To take judgment without answering pleas which go to the ...
... averment of the non - existence of the debt at the time of the plea pleaded , which is all the plea does aver , is consistent with the valid execution of the instrument . Second . To take judgment without answering pleas which go to the ...
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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.