Reports of Cases Argued and Determined in the Supreme Court of Tennessee [1818-1837], Band 10Printed at the Republican and Gazette Office, Hall and Heiskell, State Printers, 1838 |
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Reports of Cases Argued and Determined in the Supreme Court of Tennessee ... Tennessee Supreme Court Keine Leseprobe verfügbar - 2019 |
Reports of Cases Argued and Determined in the Supreme Court of Tennessee ... Tennessee Supreme Court Keine Leseprobe verfügbar - 2019 |
Häufige Begriffe und Wortgruppen
action administrator affirmed alleged Allen amount answer assumpsit attorney authorised bank bill of sale bond Cantrell cause champerty chancellor charged circuit court claim common law complainant consideration contract county court court of chancery court of equity creditor death debt debtor December decree deed of trust defendant delivered the opinion discharge dower Elizabeth Hoover endorser entitled execution executor facts father filed fraud give given grant ground guardian heirs held indictment insisted interest intestate John Jones judge judgment jurisdiction jury Kaigler Kimbro land liable M'Nairy ment mortgage NASHVILLE negroes paid party payment personal estate plainant plaintiff in error possession principle proof proved provisions purchase question received recover redeem Reuben Ross reversed Samuel Griffith says slave sold statute of limitations suit surety Tennessee term testator Thomas Hardeman tion void widow wife Wiley Williams witness writ Yerger
Beliebte Passagen
Seite 71 - 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.
Seite 73 - The power we allude to is rather the police power, the power vested in the legislature by the constitution to make, ordain, and establish all manner of wholesome and reasonable laws, statutes, and ordinances, either with penalties or without, not repugnant to the constitution, as they shall judge to be for the good and welfare of the commonwealth and of the subjects of the same.
Seite 69 - The judicial power shall be vested in such superior and inferior courts of law and equity, as the legislature shall, from time to time, direct and establish.
Seite 534 - We think that In all cases of this nature the law has Invested courts of Justice with the authority to discharge a Jury from giving any verdict whenever, in their opinion, taking all the circumstances Into consideration, there Is a manifest necessity for the act, or the ends of public Justice would otherwise be defeated.
Seite 537 - In capital cases especially courts should be extremely careful how they Interfere with any of the chances of life, In favor of the prisoner. But, after all, they have the right to order the discharge; and the security which the public have for the faithful, sound, and conscientious exercise of this discretion rests, in this as In other cases, upon the responsibility of the judges, under their oaths of office.
Seite 533 - A jury sworn and charged in case of life or member cannot be discharged by the Court or any other, but they ought to give a verdict.
Seite 501 - ... that were present at the making thereof; nor unless it be proved that the testator, at the time of pronouncing the same, did bid the persons present or some of them, bear witness that such was his will or to that effect...
Seite 73 - And further, full power and authority are hereby given and granted to the said General Court, from time to time, to make, ordain, and establish all manner of wholesome and reasonable orders, laws, statutes, ordinances, directions, and instructions, either with penalties or without, so as the same be not repugnant or contrary to this constitution, as they may judge for the benefit and welfare of this state, and for the governing and ordering thereof, and of the subjects of the same...
Seite 131 - Fraud, indeed, in the sense of a Court of Equity, properly includes all acts, omissions, and concealments, which involve a breach of legal or equitable duty, trust, or confidence, justly reposed, and are injurious to another, or by which an undue and unconscientious advantage is taken of another.
Seite 549 - Every murder perpetrated by poison, lying in wait, or any other kind of willful, deliberate, malicious, and premeditated killing; or committed in the perpetration of, or attempt to perpetrate, any arson, rape, burglary, or robbery; or perpetrated from a premeditated design unlawfully and maliciously to effect the death of any human being other than him who is killed, is murder in the first degree.