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 |
From inside the book
Results 1-5 of 90
Page 27
... defective . Is not our statute of jeofails broad enough to cover far more glaring defects ? Sheriff's returns may be amended both before and after judgment . New Code , p . 635 , sec . Rose against Ford and others . 116. See also ib OF ...
... defective . Is not our statute of jeofails broad enough to cover far more glaring defects ? Sheriff's returns may be amended both before and after judgment . New Code , p . 635 , sec . Rose against Ford and others . 116. See also ib OF ...
Page 29
... defect in the return , if any , was cured by the appearance of Rose , or the statute of jeofails , and was subject to amendment either before or after judgment ; and that an appeal from a judgment by default , cannot be taken by the ...
... defect in the return , if any , was cured by the appearance of Rose , or the statute of jeofails , and was subject to amendment either before or after judgment ; and that an appeal from a judgment by default , cannot be taken by the ...
Page 33
... defects in the writ , if any existed . Where , at Dec. Term , 1838 , a cause was continued on account of the absence of A. and B. , two of defendant's witnesses ; and at May Term , 1839 , another affidavit for continuance is filed by ...
... defects in the writ , if any existed . Where , at Dec. Term , 1838 , a cause was continued on account of the absence of A. and B. , two of defendant's witnesses ; and at May Term , 1839 , another affidavit for continuance is filed by ...
Page 36
... defective in several material respects . The deponent does not state that he firmly believes he can prove the facts ... defect worthy of notice . The statement is , that he expected to prove , by the absent witnesses , the facts . This ...
... defective in several material respects . The deponent does not state that he firmly believes he can prove the facts ... defect worthy of notice . The statement is , that he expected to prove , by the absent witnesses , the facts . This ...
Page 39
... defects there might be to the writ , if indeed any existed . The object of the writ is to bring the party into court , and if he appeared and pleaded to a defective writ , its insufficiency is cured , and so it has been frequently ruled ...
... defects there might be to the writ , if indeed any existed . The object of the writ is to bring the party into court , and if he appeared and pleaded to a defective writ , its insufficiency is cured , and so it has been frequently ruled ...
Other editions - View all
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.