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 10
... , in writing , was necessarily an acceptance of the terms of the contract , and an expression of readi- ness to proceed with its performance . The rule is that where a contract is within the 10 [ 146 ARK . LIGHT & POWER CO . v . PARAGOULD .
... , in writing , was necessarily an acceptance of the terms of the contract , and an expression of readi- ness to proceed with its performance . The rule is that where a contract is within the 10 [ 146 ARK . LIGHT & POWER CO . v . PARAGOULD .
Page 11
... rule is that where a contract is within the stat- ute of frauds , different writings essential to an expression of the terms of the contract , in order to be considered to- gether , must connect themselves with each other on their faces ...
... rule is that where a contract is within the stat- ute of frauds , different writings essential to an expression of the terms of the contract , in order to be considered to- gether , must connect themselves with each other on their faces ...
Page 21
... rule that a purchaser who receives goods under those circumstances waives the defects , states the following exceptions to that rule : " To this there may be exceptions , as , when the defects are dis- covered afterward ; in which case ...
... rule that a purchaser who receives goods under those circumstances waives the defects , states the following exceptions to that rule : " To this there may be exceptions , as , when the defects are dis- covered afterward ; in which case ...
Page 22
... rule as follows : " Where goods are sold and delivered upon condition as to kind and quality , it is the duty of the vendee to promptly examine them , and , if the conditions are not complied with , to notify the vendor within a ...
... rule as follows : " Where goods are sold and delivered upon condition as to kind and quality , it is the duty of the vendee to promptly examine them , and , if the conditions are not complied with , to notify the vendor within a ...
Page 25
... rule of this court that ob- jections to ambiguous instructions must be specific , so as to give the trial court an opportunity to correct the instruction by eliminating the ambiguity . There was a sharp conflict in the testimony with ...
... rule of this court that ob- jections to ambiguous instructions must be specific , so as to give the trial court an opportunity to correct the instruction by eliminating the ambiguity . There was a sharp conflict in the testimony with ...
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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.