Reports of Cases Argued and Determined in the Supreme Court of Tennessee [1818-1837], Volume 9Hall and Heiskell, 1836 |
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Halaman 10
... contends that the demurrer to his plea of no con- sideration for the endorsement , ought to have been overruled , and judgment should have been rendered in his favor upon the plea . The court did not err in sustaining this demurrer ...
... contends that the demurrer to his plea of no con- sideration for the endorsement , ought to have been overruled , and judgment should have been rendered in his favor upon the plea . The court did not err in sustaining this demurrer ...
Halaman 19
... contended , that the justice had no power to give a judgment in Lawrence county , for the balance of the debt , that it is therefore void , and the execution on it ought to have been quashed . The judgment is void . The act of 1805 , c ...
... contended , that the justice had no power to give a judgment in Lawrence county , for the balance of the debt , that it is therefore void , and the execution on it ought to have been quashed . The judgment is void . The act of 1805 , c ...
Halaman 22
... contended that he has not , because he did not himself pay and satisfy the judg- ment , but the same was done by his appearance bail . We are of opinion , that the bond of indemnity was 22 DECISIONS OF THE SUPREME COURT.
... contended that he has not , because he did not himself pay and satisfy the judg- ment , but the same was done by his appearance bail . We are of opinion , that the bond of indemnity was 22 DECISIONS OF THE SUPREME COURT.
Halaman 26
... contended , is a fatal variance , as it is neither . It is true , this is not a promissory note or writing obligatory ; but we think it makes no difference by what name a written contract may be called , if it be set forth correctly in ...
... contended , is a fatal variance , as it is neither . It is true , this is not a promissory note or writing obligatory ; but we think it makes no difference by what name a written contract may be called , if it be set forth correctly in ...
Halaman 32
... Contended , that the judgment of the justice upon appeal or certiorari to the circuit court , could be corrected by re- mitting or releasing such amount of the claim , as would re- duce the claim below one hundred dollars . That proceed ...
... Contended , that the judgment of the justice upon appeal or certiorari to the circuit court , could be corrected by re- mitting or releasing such amount of the claim , as would re- duce the claim below one hundred dollars . That proceed ...
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Istilah dan frasa umum
acquitted action Agnes Brown assigned assumpsit attorney averment bank note bill of indictment bonds bonus certiorari chancery charter circuit court clerk and master common law complainant contended contract conveyance court of chancery covenant creditor Davidson county debt December declaration decree deed defendant in error delivered the opinion dollars endorser evidence execution executor fact felony fund Giles county guilty heirs Hickman Hite intention interest issue John judge juror justice KNOXVILLE land legislature liable limitation March matter ment NASHVILLE negroes nul tiel record offence paid parties payable payment person plaintiff in error plea pleaded possession principle prisoner probate proof proved purchase question received rendered Rucker rule scire facias service of process seventh section sheriff statute statute of limitations suit surety tenant Tennessee term testator tiel tion trial trust Union Bank verdict vested voir dire warranty Wilson county witness words Yerg Yerger
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Halaman 216 - ... except where such trust has been created by, or the fund so held in trust has proceeded from, some person other than the defendant...
Halaman 206 - Biddulph lawfully to be begotten, severally and successively, and in remainder one after another, as they and every of them shall be in seniority of age and priority of birth...
Halaman 446 - All property shall be taxed according to its value, that value to be ascertained in such manner as the Legislature shall direct, so that taxes shall be equal and uniform throughout the State.
Halaman 248 - ... the jury, before whom any person indicted for murder shall be tried, shall, if they find such person guilty thereof, ascertain in their verdict whether it be murder of the first or second degree...
Halaman 340 - ... if crimes are so distinct that evidence of the one will not support the other, it is as inconsistent with reason as it is repugnant to the rules of law to say that they are so far the same that an acquittal of the one shall be a bar to a prosecution for the...
Halaman 106 - Where the terms of promise admit of more senses than one, the promise is to be performed " in that sense in which the promiser apprehended, at the time, that the promisee received it.
Halaman 208 - That the general intent should overrule the particular, is not the most accurate expression of the principle of decision. The rule is, that technical words shall have their legal effect, unless, from subsequent inconsistent words, it is very clear that the testator meant otherwise.
Halaman 199 - When a person takes an estate of freehold, legally or equitably, under a deed, will, or other writing, and in the same instrument there is a limitation by way of remainder, either with or without the interposition of another estate, of an interest of the same legal or equitable quality, to his heirs, or heirs of his body, as a class of persons to take in succession, from generation to generation, the limitation to the heirs entitles the ancestor to the whole estate.
Halaman 199 - Rule in Shelley's Case is stated by Lord Coke (1 ^Coke 93)3, 1O4b, 76 Eng. Reprint 206, 234) to be that "When the ancestor, by any gift or conveyance taketh an estate of freehold, and in the same gift or conveyance an estate is limited, either mediately or immediately to his heirs In fee or in tail .... the heirs are words of limitation of the estate and not words of purchase", and by Preston on Estates (Vol.
Halaman 313 - ... that he had not formed or expressed an opinion as to the guilt or innocence of the prisoner at the bar.