Reports of Cases at Law and in Equity Argued and Determined in the Supreme Court of Arkansas, Volume 13B.J. Borden, 1853 |
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Halaman 28
... motion for a new trial was made , being wholly unsustained by the record , and in no other wise supported than upon very technical and flimsy grounds , in a matter of plain indebtedness , where no de- fence at all was offered on the ...
... motion for a new trial was made , being wholly unsustained by the record , and in no other wise supported than upon very technical and flimsy grounds , in a matter of plain indebtedness , where no de- fence at all was offered on the ...
Halaman 37
... motion to strike out the above petition , on the ground that it was filed out of time ; which motion the court overruled , but refused to make an order for defendants to answer , and plaintiff excepted . A jury was empanneled , and the ...
... motion to strike out the above petition , on the ground that it was filed out of time ; which motion the court overruled , but refused to make an order for defendants to answer , and plaintiff excepted . A jury was empanneled , and the ...
Halaman 44
... motion to rule the plain- tiff to give bond for costs , which motion was sustained , and a bond filed payable to Jester and Sumpter . On motion of de- fendants , rule on justice to amend his transcript . TERM , 1852. ] Jester vs. Hopper ...
... motion to rule the plain- tiff to give bond for costs , which motion was sustained , and a bond filed payable to Jester and Sumpter . On motion of de- fendants , rule on justice to amend his transcript . TERM , 1852. ] Jester vs. Hopper ...
Halaman 45
... motion , and , upon the suggestion of the court in delivering its opinion upon the motion , the plaintiff elec- ted to discontinue his suit as to defendant Sumpter , and proceed against Jester alone . On motion of defendant's counsel ...
... motion , and , upon the suggestion of the court in delivering its opinion upon the motion , the plaintiff elec- ted to discontinue his suit as to defendant Sumpter , and proceed against Jester alone . On motion of defendant's counsel ...
Halaman 49
... motion to quash the writs . Defendant Jett , filed a plea in abatement of the writs on the same grounds taken in the motion to quash , which was struck out on the motion of plaintiff , and he excepted . Conway B. filed five pleas : 1st ...
... motion to quash the writs . Defendant Jett , filed a plea in abatement of the writs on the same grounds taken in the motion to quash , which was struck out on the motion of plaintiff , and he excepted . Conway B. filed five pleas : 1st ...
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action affidavit affirmed alleged answer appear Arkansas Ashley assignment assumpsit attorney Barkman bond Bozeman cause chancery charge Chief Justice WATKINS Circuit Court claim common law complainant contract court of equity creditor Dallas county debt deceased decision declaration decree deed defendant delivered the opinion demand demurrer endorsement entitled equity evidence execution facts favor filed granted ground heirs held indictment issue JANUARY judge judgment juror jury law merchant legislature levy liable lien ment mortgage motion ne exeat negro objection offence overruled paid party payment person plaintiff plaintiff in error plea pleaded possession prisoner probate court proceedings proof prove provision purchase question Reardon record refused reversed rule scire facias Scott sheriff slave statute sued suit TERM testator testimony tion Trapnall trial Trustees R. E. Bank unlawful detainer verdict Walker Wend witness writ of error
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Halaman 435 - And the said records and judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the State from whence the said records are or shall be taken.
Halaman 551 - The principle is believed to be universal, that a prior lien gives a prior claim, which is entitled to prior satisfaction, out of the subject it binds, unless the lien be intrinsically defective, or be displaced by some act of the party holding it which shall postpone him in a Court of law or equity to a subsequent claimant.
Halaman 323 - A bare fear of any of these offences, to prevent which the homicide is alleged to have been committed, shall not be sufficient to justify the killing. It must appear that the circumstances were sufficient to excite the fears of a reasonable person, and that the party killing really acted under the influence of those fears and not in a spirit of revenge.
Halaman 210 - 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 669 - The decree of the Supreme Court of Arkansas is therefore reversed ; and the cause is remanded to that court, with instructions to enter a decree in pursuance of this opinion.
Halaman 323 - Tf a person kill another in self-defense, it must appear that the danger was so urgent and pressing that in order to save his own life, or to prevent his receiving great bodily harm, the killing of the other was absolutely necessary ; and it must appear also that the person killed was the assailant, or that the slayer had really and in good faith endeavored to decline any further struggle before the mortal blow was given.
Halaman 486 - Such subscription shall be made by the testator in the presence of each of the attesting witnesses, or shall be acknowledged by him to have been so made to each of the attesting witnesses.
Halaman 210 - Rights had already laid it down that " all men are by nature free and independent, and have certain inherent rights, of which, when they enter society, 1 Ancient Law, c.
Halaman 207 - That no man shall be taken or imprisoned, or disseized of his freehold, liberties or privileges, or outlawed or exiled, or in any manner destroyed, or deprived of his life, liberty, or property, but by the judgment of his peers, or the law of the land.
Halaman 377 - It is true that rape is a most detestable crime, and therefore ought severely and impartially to be punished with death; but it must be remembered that it is an accusation easily to be made and hard to be proved and harder to be defended by the party accused, though never so innocent.