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 2
... debt , and $ 1 15 damages , together with the costs of suit , from which judgment an appeal to the Circuit Court was prayed , and an entry made by the Justice of the Peace on his docket , as follows : " December 11th , 1838 . " This day ...
... debt , and $ 1 15 damages , together with the costs of suit , from which judgment an appeal to the Circuit Court was prayed , and an entry made by the Justice of the Peace on his docket , as follows : " December 11th , 1838 . " This day ...
Page 4
... debt , or any part of it . The assignment being a contract , entered into by mutual consent of two persons , cannot , when properly executed , be revoked or dissolved , except by the like mutual consent of both . The contract cannot be ...
... debt , or any part of it . The assignment being a contract , entered into by mutual consent of two persons , cannot , when properly executed , be revoked or dissolved , except by the like mutual consent of both . The contract cannot be ...
Page 10
... debt due upon the bond , nor can he do any act that will change the nature of the defence that the obligor may have at law against himself , or against the assignee . Upon these points the Act is express and peremptory , and to allow ...
... debt due upon the bond , nor can he do any act that will change the nature of the defence that the obligor may have at law against himself , or against the assignee . Upon these points the Act is express and peremptory , and to allow ...
Page 61
... debt , with interest from February 1 , 1838 , until paid , and costs of suit ; and it further appearing to the satisfaction of the court , that the record of said judgment has been lost or destroyed : Therefore , it is considered by the ...
... debt , with interest from February 1 , 1838 , until paid , and costs of suit ; and it further appearing to the satisfaction of the court , that the record of said judgment has been lost or destroyed : Therefore , it is considered by the ...
Page 62
... debt , interest , and costs , due , and it then gives leave to re - instate the judgment on the records of the court , and finally it orders an execution to issue for the sum thus ascertained and computed . This , though an informal ...
... debt , interest , and costs , due , and it then gives leave to re - instate the judgment on the records of the court , and finally it orders an execution to issue for the sum thus ascertained and computed . This , though an informal ...
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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.