Reports of Cases at Law and in Equity Argued and Determined in the Supreme Court of Arkansas, Volumen26 |
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Página 28
Misrepresentations , to be fraudulent , must be mate ial , must mislead the party to
his damage , and must be false . ... The law requires contracting parties to be
vigilant and to exercise due caution , and if the means of information are alike ...
Misrepresentations , to be fraudulent , must be mate ial , must mislead the party to
his damage , and must be false . ... The law requires contracting parties to be
vigilant and to exercise due caution , and if the means of information are alike ...
Página 31
The fact or thing misrepresented must be of such a character that the deceived
party had a right to rely upon it . ... so that with ordinary prudence or vigilance the
parties might respectively rely upon their own judgments , they must be
presumed ...
The fact or thing misrepresented must be of such a character that the deceived
party had a right to rely upon it . ... so that with ordinary prudence or vigilance the
parties might respectively rely upon their own judgments , they must be
presumed ...
Página 34
The attention of neither of the parties , at the time of making the sale , seems to
have been called to the question of streets and ... The neglect , or rather the result
of a neglect , must be borne by the party who had it in his power to have provided
...
The attention of neither of the parties , at the time of making the sale , seems to
have been called to the question of streets and ... The neglect , or rather the result
of a neglect , must be borne by the party who had it in his power to have provided
...
Página 43
... and could not and did not pay any thing for said lands , and was a party to said
fraudulent conveyance ; that said Elijah ... such fraud was committed by one of
the contracting parties upon the other or by both upon persons not parties thereto
...
... and could not and did not pay any thing for said lands , and was a party to said
fraudulent conveyance ; that said Elijah ... such fraud was committed by one of
the contracting parties upon the other or by both upon persons not parties thereto
...
Página 58
And upon the foregoing facts this case is submitted to the court , sitting as a jury ,
upon the issues joined herein , with leave to either party to except to any rulings
of the court , upon any propositions of law that may be moved by either as ...
And upon the foregoing facts this case is submitted to the court , sitting as a jury ,
upon the issues joined herein , with leave to either party to except to any rulings
of the court , upon any propositions of law that may be moved by either as ...
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Términos y frases comunes
action administrator alleged allowed amount answer appellant appellee application Arkansas asked assignment attachment authority bill bond cause charged circuit court claim clerk Code complainant consideration Constitution contract Convention debt DECEMBER decree deed defendant demurrer determine duty election entered entitled equity error et al evidence exceptions executed exercise existence facts filed follows Gaines given grant ground Hale held hold indictment intention interest issue John Johnson Judge judgment JUNE jurisdiction jury justice land lien March matter ment motion objection opinion paid parties passed payment person petition plaintiff plea possession Practice presented proceedings proper purchase question received record Rector refused rendered returns rule says statute sufficient suit Supreme Court taken TERM tion trial United valid verdict void Ward witness writ
Pasajes populares
Página 183 - Though the Indians are acknowledged to have an unquestionable, and heretofore unquestioned, right to the lands they occupy, until that right shall be extinguished by a voluntary cession to our Government, yet it may well be doubted whether those tribes which reside within the acknowledged boundaries of the United States can with strict accuracy be denominated foreign nations. They may more correctly, perhaps, be denominated domestic dependent nations.
Página 478 - That in actions by or against executors, administrators, or guardians, in which judgment may be rendered for or against them, neither party shall be allowed to testify against the other, as to any transaction with, or statement by, the testator, intestate, or ward, unless called to testify thereto by the opposite party, or required to testify thereto by the court.
Página 294 - all persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other.
Página 555 - The legislatures of those districts or new states, shall never interfere with the primary disposal of the soil by the United States in Congress assembled, nor with any regulations Congress may find necessary for securing the title in such soil to the bona fide purchasers. No tax shall be imposed on lands the property of the United States; and in no case shall non-resident proprietors be taxed higher than residents.
Página 183 - They may, more correctly, perhaps, be denominated domestic dependent nations. They occupy a territory to which we assert a title independent of their will, which must take effect in point of possession when their right of possession ceases. Meanwhile they are in a state of pupilage. Their relation to the United States resembles that of a ward to his guardian.
Página 88 - The powers of the government of the State of California shall be divided into three separate departments — the legislative, executive and judicial; and no person charged with the exercise of powers properly belonging to one of these departments shall exercise any functions appertaining to either of the others, except as in this Constitution expressly directed or permitted.
Página 89 - The powers of the government of this state are divided into three distinct departments — the legislative, executive and judicial; and no person, or collection of persons, being one of these departments, shall exercise any power properly belonging to either of the others, except as hereinafter expressly directed or permitted.
Página 332 - the indictment must contain: (1) the title of the prosecution, specifying the name of the court, in which the indictment is presented, and the names of the parties; (2) a statement of the acts constituting the offense, in ordinary and concise language, and in such a manner as to enable a person of common understanding to know what is intended...
Página 90 - A pardon is an act of grace, proceeding from the power entrusted with the execution of the laws, which exempts the individual, on whom it is bestowed, from the punishment the law inflicts for a crime he has committed.
Página 266 - A written constitution is, in every instance, a limitation upon the powers of government, in the hands of agents, for there never was a written republican constitution which delegated to functionaries all the latent powers which lie dormant in every nation, and are boundless in extent, and incapable of definition.