Reports of Cases at Law and in Equity Argued and Determined in the Supreme Court of Arkansas, Volume 28 |
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Page 562
Again he says : " Whatever belongs merely to the remedy may be altered according to the will of the state , provided the alteration does not impair the obligation of the contract . But if that effect is produced , it is immaterial ...
Again he says : " Whatever belongs merely to the remedy may be altered according to the will of the state , provided the alteration does not impair the obligation of the contract . But if that effect is produced , it is immaterial ...
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Page 274 - It is not meant to affirm that they must be kept wholly and entirely separate and distinct, and have no common link of connection or dependence, the one upon the other in the slightest degree. The true meaning is, that the whole power of one of these departments should not be exercised by the same hands, which possess the whole power of either of the other departments ; and that such exercise of the whole would subvert the principles of a free constitution.
Page 347 - ... 1. That the court has no jurisdiction of the person of the defendant, or the subject of the action ; or, 2. That the plaintiff has not legal capacity to sue ; or, 3. That there is another action pending between the same parties for the same cause ; or, 4.
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Page 100 - The law of selfdefense is founded on necessity, and in order to justify the taking of life upon this ground, it must not only appear that the defendant had reason to believe, and did believe, that he was in danger of his life or of receiving great bodily harm, but it must also appear to the defendant's comprehension as a reasonable man that, to avoid such danger, it was necessary for him to take the life of the assailant.
Page 21 - Though in most, if not all, the United States there are statutes regulating the celebration of marriage rites, and inflicting penalties on all who disobey the regulations, yet it is generally considered, that, in the absence of any positive statute declaring that all marriages not celebrated in the prescribed manner shall be...
Page 57 - In an action by a mortgagee, for the foreclosure of his mortgage, and sale of the mortgaged property, where it appears that the mortgaged property is in danger of being lost, removed, or materially injured, or that the condition of •the mortgage has not been performed, and the property is probably insufficient to discharge the mortgage debt.
Page 135 - The person having the highest number of votes shall be declared duly elected ; but if any two or more shall be highest and equal in votes for the same office, one of them shall be chosen by the joint vote of both houses.
Page 247 - It is a well established principle that where an individual in the prosecution of a right does everything which the law requires him to do, and he fails to attain his right by the misconduct or neglect of a public officer, the law will protect him.
Page 311 - MARCY, delivering the opinion of the court, said: '-The general rule is, that where a statute specifies the time within which a public officer is to perform an official act regarding the rights and duties of others, it will be considered as directory merely, unless the nature of the act to be performed, or the language used by the legislature, show that the designation of the time was intended as a limitation of the power of the officer.
Bibliographic information
| Title | Reports of Cases at Law and in Equity Argued and Determined in the Supreme Court of Arkansas, Volume 28 |
| Author | Arkansas. Supreme Court |
| Publisher | B.J. Borden, 1876 |
| Original from | Harvard University |
| Digitized | 8 May 2008 |
| Export Citation | BiBTeX EndNote RefMan |