The American Decisions: Containing All the Cases of General Value and Authority Decided in the Courts of the Several States, from the Earliest Issue of the State Reports to the Year 1869, Volume 58

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Bancroft-Whitney, 1886
 

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Halaman 147 - Where a court has jurisdiction, it has a right to decide every question which occurs in the cause; and whether its decision be correct or otherwise, its judgment, until reversed, is regarded as binding in every other court. But if it act without authority, its judgments and orders are regarded as nullities. They are not voidable, but simply void ; and form no bar to a recovery sought, even prior to a reversal, in opposition to them.
Halaman 329 - That all men are by nature equally free and independent, and have certain inherent rights, of which, when they enter into a state of society, they cannot by any compact deprive or divest their posterity ; namely, the enjoyment of life and liberty, •with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.
Halaman 327 - It may well be doubted whether the nature of society and of government does not prescribe some limits to the legislative power; and if any be prescribed, where are they to be found if the property of an individual, fairly and honestly acquired, may be seized without compensation.
Halaman 132 - But suppose administration to be granted on the estate of a person not really dead. The act, all will admit, is totally void. Yet the ordinary must always inquire and decide whether the person, whose estate is to be committed to the care of others, be dead or in life.
Halaman 787 - In all criminal prosecutions, the accused shall have a right to be heard by himself and his counsel...
Halaman 631 - The powers of the Government of the State of Texas 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...
Halaman 787 - ... trials by martial law or impeachment, by a jury of the vicinity. He shall not be compelled to furnish or give evidence against himself, nor be deprived of his life,, liberty, 'property, or privileges, but by judgment of his peers, or the law of the land.
Halaman 631 - No person, or collection of persons, being of one of those departments, shall exercise any power properly belonging to either of the others, except...
Halaman 392 - ... in its discretion, and upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment, order, or otIn proceeding, taken against him through his mistake, inadvertence, surprise, or excusable neglect...
Halaman 284 - A man may repel force by force, in defense of his person, habitation, or property, against one who manifestly intends or endeavors, by violence or surprise, to commit a known felony, such as murder, rape, robbery, arson, burglary, and the like, upon either. In these cases he is not obliged to retreat, but may pursue his adversary until he has secured himself from all danger...

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