Reports of Cases at Law and in Equity Argued and Determined in the Supreme Court of Arkansas, Volume 11B.J. Borden, 1851 - Law reports, digests, etc |
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Page 11
... judgment as provided in the preceding section ; " and that " The defendant , whenever he shall be entitled to a return of the property replevied , instead of taking judgment for such return as herein provided , may take judgment for the ...
... judgment as provided in the preceding section ; " and that " The defendant , whenever he shall be entitled to a return of the property replevied , instead of taking judgment for such return as herein provided , may take judgment for the ...
Page 15
... judgment , unless it afterwards appeared upon the record that the party was entitled to be discharged : therefore , a confession of judgment under such circumstances is but interlocutory , until the final decision of the case as to the ...
... judgment , unless it afterwards appeared upon the record that the party was entitled to be discharged : therefore , a confession of judgment under such circumstances is but interlocutory , until the final decision of the case as to the ...
Page 24
... judgment was rendered against them , and a writ of inquiry ordered . jury was then called to try the issues made up by the above plea- dings , and verdict and final judgment against Jno . Bivins , Sam'l Raynor and John W. Bivins ...
... judgment was rendered against them , and a writ of inquiry ordered . jury was then called to try the issues made up by the above plea- dings , and verdict and final judgment against Jno . Bivins , Sam'l Raynor and John W. Bivins ...
Page 28
... judgment . The statute is plain and positive that , although an interlocutory judg- ment by default may be entered against such as shall make de- fault , yet that but one final judgment shall be given in the ac- tion . This judgment is ...
... judgment . The statute is plain and positive that , although an interlocutory judg- ment by default may be entered against such as shall make de- fault , yet that but one final judgment shall be given in the ac- tion . This judgment is ...
Page 29
... judgment of the court in the case be- fore us was therefore correct , and consequently there was no error in refusing the motion for a new trial . And as the execution of the judgment below was not stayed , there seems no good reason ...
... judgment of the court in the case be- fore us was therefore correct , and consequently there was no error in refusing the motion for a new trial . And as the execution of the judgment below was not stayed , there seems no good reason ...
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Common terms and phrases
alleged appear Arkansas Arkansas county assumpsit attorney authority aver Bank Batesville Biscoe boat bond Borden Brown cause of action chancery circuit court claim common law complainant constitution contract county court court of equity Crawford County creditors debt decision declaration decree deed defendant delivered the opinion demurrer dower Dwinal endorsement equity evidence execution executor fact favor fendant filed fraud Gatlin ground held Independence Circuit indictment instructions interest issue JANUARY judge judgment judicial JULY jurisdiction jury Justice WALKER lands legislature ment motion negro non est factum notice objection overruled parol party payment person plaintiff plea plead possession principle proceedings proof prove provisions Pryor purchase question record refused rendered replevin replication Reyburn rule sheriff statute sufficient suit sustained TERM testimony thereof tion trial trial de novo verdict void witness Writ of Error Yeates
Popular passages
Page 158 - 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.
Page 400 - But a confession forced from the mind by the flattery of hope, or by the torture of fear, comes in so questionable a shape when it is to be considered as the evidence of guilt, that no credit ought to be given to it; and therefore it is rejected.
Page 547 - It is a universal principle that where power or jurisdiction is delegated to any public officer or tribunal over a subject matter, and its exercise is confided to his or their discretion, the acts so done are binding and valid as to the subject matter...
Page 162 - And the said records and judicial proceedings, so authenticated, 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 which they are taken...
Page 264 - As a general rule, a party will be concluded from denying his own acts or admissions which were expressly designed to influence the conduct of another, and did so influence it, and when such denial will operate to the injury of the latter.
Page 729 - ... a power coupled with an interest.' Is it an interest In the subject on which the power is to be exercised, or Is It an interest iu that which is produced by the exercise of the power? We hold it to be clear that the interest which can protect a power after the death of a person who creates It must be an interest in the thing itself.
Page 406 - Every person who takes any woman unlawfully, against her will, and by force, menace, or duress, compels her to marry him, or to marry any other person, or to be defiled ,is punishable by imprisonment in the state prison not less than two nor more than fourteen years.
Page 253 - Know all men by these presents, that I, Charles Michiels, of Honolulu, Island of Oahu, for and in consideration of the sum of one dollar, to me in hand paid, the receipt whereof is hereby acknowledged...
Page 459 - That all murder which shall be perpetrated by means of poison, or by lying in wait, or by any other kind of wilful, deliberate and premeditated killing, or which shall be committed in the perpetration or attempt to perpetrate any arson, rape, robbery or burglary...
Page 541 - They are all of limited jurisdiction ; but they are not, on that account, inferior courts, in the technical sense of those words, whose judgments, taken alone, are to be disregarded. If the jurisdiction be not alleged in the proceedings, their judgments and decrees are erroneous, and may, upon a writ of error, or appeal, be reversed for that cause. But they are not absolute nullities.