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 11
... trial of this cause , we feel constrained to say , that the exami- nation of the witnesses does not appear to be as searching , or the evidence as easily reconciled , as we would desire , for the purposes of this application . If the ...
... trial of this cause , we feel constrained to say , that the exami- nation of the witnesses does not appear to be as searching , or the evidence as easily reconciled , as we would desire , for the purposes of this application . If the ...
Page 12
... and another plea about which no question is to be decided here . On the trial of the issue to the plea of nul tiel record , the TERM , 1859. ] Kimball et al . vs. Merrick 12 CASES IN THE SUPREME COURT Kimball et al. vs. Merrick. ...
... and another plea about which no question is to be decided here . On the trial of the issue to the plea of nul tiel record , the TERM , 1859. ] Kimball et al . vs. Merrick 12 CASES IN THE SUPREME COURT Kimball et al. vs. Merrick. ...
Page 13
... trial of the issue to the plea of nul tiel record , show that , on the 27th day of February , 1849 , they sued out of the office of the clerk of the Court of Common Pleas , for Worcester county , Massachusetts , a writ of attachment ...
... trial of the issue to the plea of nul tiel record , show that , on the 27th day of February , 1849 , they sued out of the office of the clerk of the Court of Common Pleas , for Worcester county , Massachusetts , a writ of attachment ...
Page 36
... trial . ( Magruder vs. Snapp , 4 Eng . 108. ) Where a special term of the Court is ordered for the trial of a prisoner indicted for murder , he will not be heard to object to being put upon his trial on the ground that the special term ...
... trial . ( Magruder vs. Snapp , 4 Eng . 108. ) Where a special term of the Court is ordered for the trial of a prisoner indicted for murder , he will not be heard to object to being put upon his trial on the ground that the special term ...
Page 37
... trial . Appeal from Johnson Circuit Court . Hon . FELIX I. BATSON , Circuit Judge . SOLOMON F. CLARK , for the appellant . Though the statute , authorizing special terms to try criminals in jail , does not , in express terms , require ...
... trial . Appeal from Johnson Circuit Court . Hon . FELIX I. BATSON , Circuit Judge . SOLOMON F. CLARK , for the appellant . Though the statute , authorizing special terms to try criminals in jail , does not , in express terms , require ...
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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.