Reports of Cases at Law and in Equity Argued and Determined in the Supreme Court of Arkansas, Band 14B.J. Borden, 1854 |
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administrator admission affidavit alleged answer appeal assigned Auditor aver Bank Biscoe Byers chancery Chief Justice WATKINS choses in action Circuit Court Circuit Judge claim common law complainant contract court of equity creditor Crittenden cross bill damages debt decision declaration decree deed defendant delivered the opinion delivery bond demand demurrer dower endorsement entitled equity evidence execution facts favor fendant filed Fowler held issue James Boswell JANUARY John judgment JULY jurisdiction jury land law merchant levy liable lien ment mortgage notice paid parties payment person plaintiff plaintiff in error plea pleaded possession Probate Court proceedings proof prove Pulaski county purchase money question record refused replevin replication rule scire facias sheriff slaves statute statute of limitations sued sufficient suit TERM tion trial verdict Walker Wend wife witness writ of error
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Seite 212 - ... defectively or imperfectly stated or omitted, and without which it is not to be presumed that either the judge would direct the jury to give or the jury would have given the verdict, such defect, imperfection, or omission is cured by the verdict...
Seite 280 - An express promise, therefore, as it should seem, can only revive a precedent good consideration which might have been enforced at law through the medium of an implied promise had it not been suspended by some positive rule of law, but can give no original right of action if the obligation on which it is founded never could have been enforced at law, though not barred by any legal maxim or statute provision.
Seite 212 - The general principle upon which it depends appears to be that where there is any defect, imperfection, or omission in any pleading, whether in substance or form, which would have been a fatal objection upon demurrer, yet, if the issue joined be such as necessarily required on the trial proof of the facts so defectively or imperfectly stated or omitted, and without which it is not to be presumed that either the judge would direct the jury to give, or the...
Seite 493 - ... disabilities. But, if a man has only in him the right of either possession or property, he cannot convey it to any other, lest pretended titles might be granted to great men, whereby justice might be trodden down and the weak oppressed.
Seite 82 - In civil cases, it is sufficient if the evidence, on the whole, agrees with and supports the hypothesis which it is adduced to prove...
Seite 195 - In an action brought to recover a balance due upon a mutual, open, and current account, where there have been reciprocal demands between the parties, the cause of action shall be deemed to have accrued from the time of the last item proved in the account on either side.
Seite 686 - That every will shall be in writing, and unless the person making the same jhall be prevented by the extremity of his last sickness, shall be signed by him at the end thereof...
Seite 563 - a party has no right to cross-examine any witness except as to facts and circumstances connected with the matters stated in his direct examination. If he wishes to examine him as to other matters, he must do so by making the witness his own, and calling him as such, in the subsequent progress of the cause.
Seite 613 - James the first, and of a general nature, and not local to that kingdom, which said common law and statutes are not contrary to the laws of this territory, and not repugnant to, nor inconsistent with the constitution and laws of the United States shall be the rule of decision in this territory, until altered or repealed by the legislature...
Seite 377 - ... saving to suitors, in all cases, the right of a common law remedy, where the common law is competent to give it...