Reports of Cases at Law and in Equity Argued and Determined in the Supreme Court of Arkansas, Volumen26 |
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Página 16
The third section of this act provides that the defendants , in cases where
judgments have been rendered against them , may tender the proper amount to
be paid according to the rule prescribed in the first section of the act , and enjoin
as to ...
The third section of this act provides that the defendants , in cases where
judgments have been rendered against them , may tender the proper amount to
be paid according to the rule prescribed in the first section of the act , and enjoin
as to ...
Página 53
This court , in a very early case , announced the doctrine that at common law the
rule was that no prohibition lay to an inferior court , in a cause arising out of its
jurisdiction , until that matter had been pleaded in the original court , and the plea
...
This court , in a very early case , announced the doctrine that at common law the
rule was that no prohibition lay to an inferior court , in a cause arising out of its
jurisdiction , until that matter had been pleaded in the original court , and the plea
...
Página 71
We understand the rule of law to be , that a mortgagor cannot convey chattels not
then in existence , and to which he has no present title . But in equity ,
incumbrances , not enforcible at law , are sometimes held valid . Courts of law
and courts ...
We understand the rule of law to be , that a mortgagor cannot convey chattels not
then in existence , and to which he has no present title . But in equity ,
incumbrances , not enforcible at law , are sometimes held valid . Courts of law
and courts ...
Página 73
1040 , lays down the rule equally as broad as in most of the cases above referred
to . But the now leading case of Pencock et al . v . Col . , 23 How . , 117 , by the
Supreme Court of the United States , fully establishes the doctrine that liens may
...
1040 , lays down the rule equally as broad as in most of the cases above referred
to . But the now leading case of Pencock et al . v . Col . , 23 How . , 117 , by the
Supreme Court of the United States , fully establishes the doctrine that liens may
...
Página 76
... rules by “ divine right , ” and that he is the depository of all supreme power —
that whatever of liberty the people possess or enjoy , is a gracious grant on the
part of the sovereign . Under such a form of government , the power to pardon
and ...
... rules by “ divine right , ” and that he is the depository of all supreme power —
that whatever of liberty the people possess or enjoy , is a gracious grant on the
part of the sovereign . Under such a form of government , the power to pardon
and ...
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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.