Arkansas Reports: Cases Determined in the Supreme Court of the State of Arkansas, at the ..., Volume 146Woodruff Print. Company, 1921 - Law reports, digests, etc |
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Page 14
... demurrer to the complaint should have been sustained , as it shows no right in plaintiff to go upon and construct a levee across appellant's lands . Act 106 , Acts 1905 , p . 267. Act 339 , Acts 1917 , p . 1863 , does not authorize the ...
... demurrer to the complaint should have been sustained , as it shows no right in plaintiff to go upon and construct a levee across appellant's lands . Act 106 , Acts 1905 , p . 267. Act 339 , Acts 1917 , p . 1863 , does not authorize the ...
Page 84
... demurrer was properly overruled and appel- lant's peremptory instruction properly refused . All the facts and circumstances made this a case for a jury , and its verdict is conclusive . No complaint is made as to instructions ...
... demurrer was properly overruled and appel- lant's peremptory instruction properly refused . All the facts and circumstances made this a case for a jury , and its verdict is conclusive . No complaint is made as to instructions ...
Page 154
... demurrer . There was no allegation as to the contract of bailment between appellee and appellant and no allegation of ac- ceptance of the bailment by appellant . 6 C. J. 1104 , 1156 . 2. The court erred in permitting incompetent tes ...
... demurrer . There was no allegation as to the contract of bailment between appellee and appellant and no allegation of ac- ceptance of the bailment by appellant . 6 C. J. 1104 , 1156 . 2. The court erred in permitting incompetent tes ...
Page 155
... demurrer to the complaint . The allegations of the complaint are as follows : That on or about May , 1909 , Miss Christine Shaffer , a sister of the plaintiff , placed a box of household goods in storage with the defendant , a ...
... demurrer to the complaint . The allegations of the complaint are as follows : That on or about May , 1909 , Miss Christine Shaffer , a sister of the plaintiff , placed a box of household goods in storage with the defendant , a ...
Page 156
... demurrer was therefore properly overruled . Plaintiff offered testimony substantially supporting the allegations of her complaint , and the jury found in her favor upon conflicting testimony . An instruction was given to the effect that ...
... demurrer was therefore properly overruled . Plaintiff offered testimony substantially supporting the allegations of her complaint , and the jury found in her favor upon conflicting testimony . An instruction was given to the effect that ...
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Common terms and phrases
acres action adverse possession affirmed agreement alleged amount appellant appellant's appellee appellee's Arkansas attorney bank Cain cause chancellor chancery court Circuit Court claim common school district complaint Constitution contract contributory negligence Conway County county court court erred damages decree deed defendant demurrer equity error evidence execution fact favor filed fraud Harry Moore indictment injury instruction Isaiah Jackson issue James Avery Judge judgment jurisdiction jury Kirby's Digest land lease liable lien ment Missouri Pacific Railroad mortgage motion negligence negligence per se November 22 Opinion delivered December Opinion delivered November paid parties payment pellant pellee person petit jury petition plaintiff possession probate court proceedings proof prosecution purchase question reason recover refused rendered reversed road rule sold statute suit supposed owner supra sustained taxes testified testimony timber tion tract trial Troupe undisputed verdict void wife witness
Popular passages
Page 432 - It is sufficient to say that there are certain immutable principles of justice, which inhere in the very idea of free government, which no member of the Union may disregard, as that no man shall be condemned in his person or property without due notice, and an opportunity of being heard in his defense. What shall constitute due process of law was perhaps as well stated by Mr.
Page 53 - The homestead of any resident of this state who is married or the head of a family shall not be subject to the lien of any judgment, or decree of any court, or to sale under execution or other process thereon, except such as may be rendered for the purchase money or for specific liens, laborers
Page 75 - ... was used in the policy in its ordinary, popular sense, as meaning 'happening by chance, unexpectedly taking place, not according to the usual course of things, or not as expected...
Page 322 - Whenever by any action of a State, whether through its legislature, through its courts, or through its executive or administrative officers, all persons of the African race are excluded, solely because of their race or color, from serving as grand jurors in the criminal prosecution of a person of the African race, the equal protection of the laws is denied to him, contrary to the Fourteenth Amendment of the Constitution of the United States.
Page 75 - ... happening by chance; unexpectedly taking place; not according to the usual course of things; or not as expected;' that, if a result is such as follows from ordinary means, voluntarily employed, in a not unusual or unexpected way, it cannot be called a result effected by accidental means ; but that if, in the act which precedes the injury, something unforeseen, unexpected, unusual occurs which produces the injury, then the injury has resulted through accidental means.
Page 603 - The powers of the government of the Commonwealth of Kentucky shall be divided into three distinct departments, and each of them be 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.
Page 244 - No money shall be drawn from the treasury except in pursuance of specific appropriation made by law; nor shall any appropriation of money be made for a longer term than two years.
Page 602 - Any citizen of any county, city or town may institute suit in behalf of himself and all others interested, to protect the inhabitants thereof against the enforcement of any illegal exactions whatever.
Page 63 - No court of justice can in its nature be made the handmaid of iniquity. Courts are instituted to carry into effect the laws of the country. How can they become auxiliary to the consummation of violations of law? There can be no civil right where there can be no legal remedy, and there can be no legal remedy for that which is itself illegal.
Page 127 - It follows that the decree must be reversed and the cause' remanded for further proceedings not inconsistent with this opinion.