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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Results 1-5 of 86
Page 21
... contained the defence and the instructions of the judges , and still it was held that the report is part of the record . There is only a loose memorandum of a judge containing the notes of the testimony , and nothing more . In the case ...
... contained the defence and the instructions of the judges , and still it was held that the report is part of the record . There is only a loose memorandum of a judge containing the notes of the testimony , and nothing more . In the case ...
Page 40
... contained in his affidavit , by the absent witness . The affidavit in this particular must therefore be considered as correct , for it strictly complies with the provisions of our statute , which is all it can be expected to do . It ...
... contained in his affidavit , by the absent witness . The affidavit in this particular must therefore be considered as correct , for it strictly complies with the provisions of our statute , which is all it can be expected to do . It ...
Page 50
... contained the hides he had got from Sebon Hill , and he gave them the description and marks by which they could be known . He then left the tanyard to get some person to come and value the leather , but before going away he re- quested ...
... contained the hides he had got from Sebon Hill , and he gave them the description and marks by which they could be known . He then left the tanyard to get some person to come and value the leather , but before going away he re- quested ...
Page 54
... contain a single one of the essential requisites laid down in the case of Burris v . Wise and Hind , decided during the present term of this court . In regard to the second question presented by the assignment of Ballard and others ...
... contain a single one of the essential requisites laid down in the case of Burris v . Wise and Hind , decided during the present term of this court . In regard to the second question presented by the assignment of Ballard and others ...
Page 76
... contained , though sometimes covered up and concealed , in matter of form ; and where the forms are broken down and abolished , the substance is but too apt to be destroyed with it . But if by the term special demurrer , the statute ...
... contained , though sometimes covered up and concealed , in matter of form ; and where the forms are broken down and abolished , the substance is but too apt to be destroyed with it . But if by the term special demurrer , the statute ...
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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.