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 40
... true rule on this subject to be , that he who seeks to relieve himself from the presumption of culpapble negligence , is bound to show such state of facts or circumstances , as will prove he has used due diligence , or as will take his ...
... true rule on this subject to be , that he who seeks to relieve himself from the presumption of culpapble negligence , is bound to show such state of facts or circumstances , as will prove he has used due diligence , or as will take his ...
Page 43
... true , that in the statement of the witnesses above newly discovered , evidence is filed in support of the appellant's motion for a new trial , the process of the work and labor sued for , is set down at a much lower rate than is ...
... true , that in the statement of the witnesses above newly discovered , evidence is filed in support of the appellant's motion for a new trial , the process of the work and labor sued for , is set down at a much lower rate than is ...
Page 66
... true , then the Circuit Court unquestionably erred in pronouncing any judgment whatever in the cause . It is equally clear , that the judgment and proceedings in this case , quoad the defendants below , are not only invalid , but ...
... true , then the Circuit Court unquestionably erred in pronouncing any judgment whatever in the cause . It is equally clear , that the judgment and proceedings in this case , quoad the defendants below , are not only invalid , but ...
Page 76
... true as it hath been often observed , with regard to the usages and customs of society , but more especially applicable to the science of pleading , that matter of substance is contained , though sometimes covered up and concealed , in ...
... true as it hath been often observed , with regard to the usages and customs of society , but more especially applicable to the science of pleading , that matter of substance is contained , though sometimes covered up and concealed , in ...
Page 91
... true , that the defendant did not in one single instance comply with any of these indispensable requisites ; and , consequently , there was no appeal prayed for , or taken by him from the judgment of the Jus . tice's Court . This being ...
... true , that the defendant did not in one single instance comply with any of these indispensable requisites ; and , consequently , there was no appeal prayed for , or taken by him from the judgment of the Jus . tice's Court . This being ...
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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.