Tennessee Reports: Reports of Cases Argued and Determined in the Supreme Court of Tennessee. 1858G.I. Jones, 1879 |
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acres action affirmed alleged appealed in error apply authority bank bill of review bond Bowen cause Chancellor Chancery Court charge charter Circuit Court Cited claim complainant contract conveyance Court of Chancery Court of Equity creditors damages death debt December decree deed defendant appealed defendant in error defendant's delivered the opinion Deloach demurrer entitled equity evidence execution fact favor feme covert fendant filed Frasier fraud ground guardian heirs Heisk held husband indictment interest intestate John John Powell jurisdiction jury justice Knoxville Levisa levy liable life-estate marital rights marriage Nashville negroes non est factum objection parol parties payment person petition plaintiff in error plea possession principle proceeding proof proper purchase question record remainder remainderman rendered reversed rule Saunders slaves Smith Sneed sold statute statute of limitations suit term tion trial trust Vaden verdict and judgment void warranty wife witness writ Yerg
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Halaman 349 - I believe quite correctly, that "the rule of law is laid down with perfect correctness in the case of Butterfield v. Forrester, that, although there may have been negligence on the part of the plaintiff, yet unless he might, by the exercise of ordinary care, have avoided the consequences of the defendant's negligence, he is entitled to recover; if by ordinary care he might have avoided them, he is the author of his own wrong.
Halaman 198 - ... unless in the case of the king. Such estates for life will, generally speaking, endure as long as the life for which they are granted : but there are some estates for life, which may determine upon future contingencies, before the life, for which they are created, expires. As, if an estate be granted to a woman during her widowhood, or to a man until he be promoted to a benefice; in these, and similar cases, whenever the contingency happens when the widow marries or when the grantee obtains a...
Halaman 96 - Not more than two new trials shall be granted to the same party in any action at law ; or upon the trial by jury of an issue of fact, in equity.
Halaman 45 - McLEAN delivered the opinion of the court. This bill was filed in the clerk's office of this court, in July, 1849. It charged that the defendants, under color of an act of the Legislature of Virginia, but in direct violation of its terms, were engaged in the construction of a bridge across the Ohio River, at Wheeling, which would obstruct its navigation, to and from...
Halaman 221 - Justice [*2O8 delivered the opinion of the court, " The only question in this case is, whether an action of indtbitatv» awumpsit can be maintained by the assignee of a promissory note made in Virginia, against a remote assignor.
Halaman 267 - ... for leave to file a supplemental bill in the nature of a bill of review.
Halaman 62 - Mr. Justice Grier delivered the opinion of the court: The bill in this case is in the nature of a "bill of peace," as authorized by the statutes of Wisconsin.
Halaman 31 - The decisions on the subject of passengers' baggage turn upon the question : What articles may baggage consist of ? This is a mixed question of law and fact, to be determined by the jury under proper instructions from the court.
Halaman 350 - If one know that such a person is in the highway, or on a railway, he is bound to a proportionate degree of watchfulness, and what would be but ordinary neglect in regard to one whom the defendant supposed a person of full age and capacity, would be gross neglect as to a child, or one known to be incapable of escaping danger.
Halaman 153 - Miller delivered the opinion of the court : The defendant was indicted in the Circuit Court of...