Reports of Cases Argued and Determined in the Supreme Court of the State of Missouri, Volume 12-13E. W. Stephens, 1871 |
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Halaman 38
... motion for a new trial , and in arrest of the judgment , which being overruled , he excepted and appealed to this court . The evidence in the cause shows that the money sued for was the arrearages of a pension due to John Sconce , the ...
... motion for a new trial , and in arrest of the judgment , which being overruled , he excepted and appealed to this court . The evidence in the cause shows that the money sued for was the arrearages of a pension due to John Sconce , the ...
Halaman 41
... motion made for the rule is accompanied by an affidavit of the attorney in the cause , which states " that there were papers on file in the office of the clerk of Ste . Genevieve county , in the above entitled cause , which papers were ...
... motion made for the rule is accompanied by an affidavit of the attorney in the cause , which states " that there were papers on file in the office of the clerk of Ste . Genevieve county , in the above entitled cause , which papers were ...
Halaman 55
... motion to exclude all parol evidence offered by the plaintiff was properly overruled . The written contract was offered in evidence by the defendants and not by the plaintiff , Besides , the parol evidence was proper to explain the ...
... motion to exclude all parol evidence offered by the plaintiff was properly overruled . The written contract was offered in evidence by the defendants and not by the plaintiff , Besides , the parol evidence was proper to explain the ...
Halaman 192
... motion was overruled , and he brings the case here by writ of error . The only question presented for our consideration , arises on the action of the Circuit Court in excluding the testimony offered by the plaintiff to prove that there ...
... motion was overruled , and he brings the case here by writ of error . The only question presented for our consideration , arises on the action of the Circuit Court in excluding the testimony offered by the plaintiff to prove that there ...
Halaman 195
... motion in arrest of judgment , and that too when he had voluntarily and deliberately waived his right to such motion . 301 3rd . The Common Pleas Court erred in telling the jury that " suppos- ing all the matters set forth in the ...
... motion in arrest of judgment , and that too when he had voluntarily and deliberately waived his right to such motion . 301 3rd . The Common Pleas Court erred in telling the jury that " suppos- ing all the matters set forth in the ...
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Istilah dan frasa umum
action affirmed alleged amount appears appellant appellee assignment assumpsit authority Bates bill boat bond cause charged Circuit Court claim Clamorgan Cole County commenced common law Common Pleas complainant contract conveyance County Court court erred Court of Common court of equity creditors damages debt declaration decree deed defendant defendant's demand demurrer dollars entitled equity error evidence execution facts favor filed fraud garnishee given indictment indorsement instruction asked issue John Joseph Vasquez judge judgment jurisdiction jury justice land levied liable lien Louis ment Meredith Missouri motion negroes notice O'Fallon objection overruled paid party payment person plaintiff plaintiff in error Platte County possession proceedings promise prove purchase question record recover refused Russell Martin sheriff sheriff's deed slave sold statute statute of limitations steamboat sued suit term testimony thereof tion tract trial trustees verdict W. R. Martin wife witness writ
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Halaman 145 - ... In order to constitute a crime, a person must have intelligence and capacity enough to have a criminal intent and purpose ; and if his reason and mental powers are either so deficient that he has no will, no conscience or controlling mental power, or if, through the overwhelming violence of mental disease, his intellectual power is for the time obliterated, he is not a responsible moral agent, and is not punishable for criminal acts.
Halaman 174 - Every law that takes away or impairs rights vested, agreeably to existing laws, is retrospective, and is generally unjust, and may be oppressive; and it is a good general rule that a law should have no retrospect...
Halaman 148 - All murder which shall be perpetrated by means of poison, or by lying in wait, or by any other kind of willful, deliberate and premeditated killing, or which shall be committed in the perpetration of, or attempt to perpetrate any arson, rape, robbery, or burglary, shall be deemed murder of the first degree...
Halaman 8 - ... lay it down as an incontrovertible rule that, where an estate is given to a person generally or indefinitely with a power of disposition, it carries a fee, and the only exception to the rule is where the testator gives to the first taker an estate for life only by certain and express words, and annexes to it a power of disposal. In that particular and special case the devisee for life will not take an estate in fee, notwithstanding the distinct and naked gift of a power of disposition of the...
Halaman 79 - Schools, and the means of education, shall forever be encouraged in this state; and the general assembly shall take measures to preserve, from waste or damage, such lands as have been, or may hereafter be, granted by the United States for the use of schools...
Halaman 297 - Territory, may be convicted and punished for larceny in the same manner as if such property had been feloniously stolen or taken...
Halaman 251 - Every interest in real estate granted or devised to two or more persons, other than executors and trustees as such, shall be a tenancy in common, unless expressly declared in the grant or devise to be a joint tenancy.
Halaman 149 - ... that he has known the individual for many years, has repeatedly conversed with him, and heard others converse with him ; that the witness had noticed that in these conversations he was incoherent and silly, that in his habits he was occasionally highly pleased and greatly vexed without a cause; and that in his conduct he was wild, irrational, extravagant, and crazy, — what would this be but to declare the judgment or opinion of the witness of what is incoherent or foolish inconversation, what...
Halaman 79 - Schools and the means of education shall forever be encouraged in this State, and the general assembly shall take measures to preserve from waste or damage such lands as have been or hereafter may be granted by the United States for the use of schools within each township in this State, and shall apply the funds which may arise from such lands in strict conformity to the object of the grant. One school or more shall be established in each township, as soon as practicable and necessary, where the...
Halaman 101 - That sections numbered sixteen and thirty-six in every township of public lands in said State, and where either of said sections, or any part thereof, has been sold or otherwise disposed of, other lands, equivalent thereto, and as contiguous as may be, shall be granted to said State for the use of schools.