Reports of Cases at Law and in Equity Argued and Determined in the Supreme Court of Arkansas, Volume 20B.J. Borden, 1859 - Law reports, digests, etc |
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Page 10
... answer to an indictment to be preferred against him for the alleged murder of one John M. Smith : That afterwards , at the November term of the Circuit Court of said county , an indictment was returned against him for murder : That ...
... answer to an indictment to be preferred against him for the alleged murder of one John M. Smith : That afterwards , at the November term of the Circuit Court of said county , an indictment was returned against him for murder : That ...
Page 14
... answer , " etc. , etc. The sheriff returned upon the writ that he attached real estate of the defendant Merrick , and not found as to Allen . The declaration , which appears to have been filed after the return of the writ , and at the ...
... answer , " etc. , etc. The sheriff returned upon the writ that he attached real estate of the defendant Merrick , and not found as to Allen . The declaration , which appears to have been filed after the return of the writ , and at the ...
Page 20
... answer ; answers of the other defendants , exhibits , replications , and an agreed statement of facts , signed by the solicitors of the respective parties , filed , and ordered to be made a part of the record in the cause . From the ...
... answer ; answers of the other defendants , exhibits , replications , and an agreed statement of facts , signed by the solicitors of the respective parties , filed , and ordered to be made a part of the record in the cause . From the ...
Page 87
... answer . 6 Ohio 528 ; 7 Ohio 184 ; 6 J. J. Marsh . 536 ; 1 How . S. C. R. 151 ; 2 Comst . 113 . Identity of names is prima facie evidence of identity of persons . 6 Eng . 150 ; 7 Eng . 719 ; 4 Mon. 526 ; 7 Eng . 187 ; 19 Vesey 181 . A ...
... answer . 6 Ohio 528 ; 7 Ohio 184 ; 6 J. J. Marsh . 536 ; 1 How . S. C. R. 151 ; 2 Comst . 113 . Identity of names is prima facie evidence of identity of persons . 6 Eng . 150 ; 7 Eng . 719 ; 4 Mon. 526 ; 7 Eng . 187 ; 19 Vesey 181 . A ...
Page 90
... answer of Surget as to the matters of dis- covery prayed by the bill . The substance of the plea is , that the ... answered the bill , setting up the former decree relied upon by the plea , etc. The complainants entered replications to ...
... answer of Surget as to the matters of dis- covery prayed by the bill . The substance of the plea is , that the ... answered the bill , setting up the former decree relied upon by the plea , etc. The complainants entered replications to ...
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Common terms and phrases
action adverse possession advs agreement alleged answer appellant appellee attorney Bank bill of sale Borden Brittin certificate Chancery charter Chester Ashley Chief Justice ENGLISH Circuit Court Circuit Judge claim Clary & Latimer complainant contract Conway corporation County Court Court of Chancery court of equity Crabtree creditors debt declaration decree deed defendant delivered the opinion demurrer entitled evidence execution facts ferry filed Fowler fraud Gould's Handy heirs Hempstead Hempstead county indictment interest issue JANUARY John G judgment jurisdiction jury Justice ENGLISH delivered Land Agent lien Little Rock Lumpkin ment negroes paid parties payment person plaintiff plea Pope county possession Probate Court proceedings Pulaski county purchase record Rector Red river road sheriff slaves sold statute of limitations suit taxes TERM testimony thereof tiel tion tract trial trust Van Buren county void Wassell Watkins wife witness writ
Popular passages
Page 590 - Unless this were so, there would be no certainty in the law; for a misconstruction by the Court is the proper subject, by means of a bill of exceptions, of redress in a Court of Error; but a misconstruction by the jury cannot be set right at all effectually.
Page 402 - It would be repugnant to a sense of refined and accurate justice. It would be immoral, because it would be against the reciprocal obligation to do nothing to the prejudice of each other's equal claim, which the relationship of the parties as joint devisees created. Community of interest produces a community of duty; and there is no real difference, on the ground of policy and justice, whether one cotenant buys up an outstanding incumbrance or an adverse title to disseise and expel his cotenant.
Page 449 - Respondent moved for a new trial on the grounds that the verdict was contrary to the weight of the evidence, that it was a compromise verdict, and that the damages allowed were inadequate.
Page 402 - It is not consistent with good faith, nor with the duty which the connection of the parties, as claimants of a common subject, created, that one of them should be able, without the consent of the other, to buy in an outstanding title, and appropriate the whole subject to himself and thus undermine and oust his companion.
Page 225 - The connection of the individuals In the unlawful enterprise being thus shown, every act and declaration of each member of the confederacy, in pursuance of the original concerted plan, and with reference to the common object, is, in contemplation of law, the act and declaration of them all, and Is, therefore, original evidence against each of them.
Page 91 - A judgment or decree of a court of competent jurisdiction, directly upon the point, is conclusive between the same parties, or their privies, upon the same matter, coming directly in question in another court of concurrent jurisdiction.
Page 140 - Until the general assembly shall deem it expedient to establish courts of chancery the circuit courts shall have jurisdiction in matters of equity, subject to appeal to the supreme court, in such manner as may be prescribed by law.
Page 32 - By multifariousness in a bill is meant, the improperly joining in one bill distinct and independent matters, and thereby confounding them; as, for example, the uniting in one bill of several matters perfectly distinct and unconnected against one defendant, or the demand -of several matters of a distinct and independent nature against several defendants, in the same bill.
Page 199 - Every deposit is a direct trust. Every person who receives money to be paid to another, or to be applied to a particular purpose, to which he does not apply it, is a trustee, and may be sued, either at law, for money had and received, or in equity as a trustee, for a breach of trust.
Page 33 - So it is not indispensable that all the parties should have an interest in all the matters contained in the suit; it will be sufficient if each party has an interest in some matters in the suit, and they are connected with the others.