Reports of Cases at Law and in Equity Argued and Determined in the Supreme Court of Arkansas, Volume 12B.J. Borden, 1853 |
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Página 95
... creditor , by the Probate Court , is not a ministerial but a judicial act , has the force and ef- fect of a judgment ... creditors . Such second classification of the claim being void for want of power over the subject matter , no appeal ...
... creditor , by the Probate Court , is not a ministerial but a judicial act , has the force and ef- fect of a judgment ... creditors . Such second classification of the claim being void for want of power over the subject matter , no appeal ...
Página 148
... creditor , to ac- cept it : for example , the shortening of the time of payment . Where a covenant had several years to run before maturing , and the debtor , by agree- ment with the creditor , made a part payment in jewelry , and ...
... creditor , to ac- cept it : for example , the shortening of the time of payment . Where a covenant had several years to run before maturing , and the debtor , by agree- ment with the creditor , made a part payment in jewelry , and ...
Página 152
... creditor in full satisfaction , it is a valid discharge of the whole of the original debt , and it may be pleaded in bar as an accord and satisfaction . ( 6 Cranch 253. ) The additional security required by the creditor for a part of ...
... creditor in full satisfaction , it is a valid discharge of the whole of the original debt , and it may be pleaded in bar as an accord and satisfaction . ( 6 Cranch 253. ) The additional security required by the creditor for a part of ...
Página 153
... creditor in accepting the new contract , and not whether the new contract is made by the debtor himself , or by a stranger . This is the cri- terian as recognized in that case , and if it be the true one , we can see no good reason why ...
... creditor in accepting the new contract , and not whether the new contract is made by the debtor himself , or by a stranger . This is the cri- terian as recognized in that case , and if it be the true one , we can see no good reason why ...
Página 154
... creditor than he before possessed , as by shortening the time , giving other security , or the like . ( Hobart 68. ) We consider it clear , from all the authorities , that the true distinction is between such subsequent contracts as ...
... creditor than he before possessed , as by shortening the time , giving other security , or the like . ( Hobart 68. ) We consider it clear , from all the authorities , that the true distinction is between such subsequent contracts as ...
Outras edições - Ver tudo
Reports of Cases at Law and in Equity Argued and Determined in ..., Volume 23 Arkansas. Supreme Court Visualização integral - 1867 |
Reports of Cases at Law and in Equity Argued and Determined in ..., Volume 36 Arkansas. Supreme Court Visualização integral - 1881 |
Reports of Cases at Law and in Equity Argued and Determined in ..., Volume 39 Arkansas. Supreme Court Visualização integral - 1883 |
Palavras e frases frequentes
aforesaid alleged amount answer appear Arkansas attorney authority avers Baun Beebe bond Byers & McDonald cause of action claim Cloyes common law complainants constitution contract creditor cross-bill debt debtor deceased declaration decree deed defendant delivered the opinion demurrer equity error evidence execution Exhibit fact favor filed Fowler fractional quarter fraud Gray & Bouton Grollman held Independence Circuit indictment issued Jackson county JANUARY judg judgment JULY jurisdiction jury justice Land Office Lawson levy lien Little Rock marshal ment mortgage original bill paid party payment plaintiff plea pleaded pre-emption proceedings proof Pulaski Circuit Court Pulaski county purchase question record rendered replication rule satisfaction scire facias senior lien sheriff Shropshire sold statute statute of limitations sued suit TERM thereof Thorn tiel tion Trapnall trial Tully void Whiting & Slark witness writ
Passagens conhecidas
Página 112 - The Supreme Court, except in cases otherwise directed in this Constitution, shall have appellate jurisdiction only, which shall be coextensive with the State, under such restrictions and regulations, not repugnant to this Constitution, as, may from time to time be prescribed by law...
Página 663 - By marriage, the husband and wife are one person in law: that is, the very being or legal existence of the woman is suspended during the marriage, or at least is incorporated and consolidated into that of the husband...
Página 273 - Cases in the High Court of Errors and Appeals of the State of Mississippi, from...
Página 30 - That prior to any entries being made under and by virtue of the provisions of this act, proof of the settlement and improvement thereby required, shall be made to the satisfaction of the register and receiver...
Página 663 - ... existence of the woman is suspended during the marriage, or at least is incorporated and consolidated into that of the husband ; under whose wing, protection, and cover, she performs everything...
Página 659 - The method of computing these degrees, in the canon law, which our law has adopted, is as follows. We begin at the common ancestor, and reckon downwards ; and in whatsoever degree the two persons, or the most remote of them, is distant from the common ancestor, that is the degree in which they are related to each other.
Página 193 - Columbia, laborer, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil...
Página 106 - ... niceties of expression, for critical propriety, for elaborate shades of meaning, or for the exercise of philosophical acuteness or judicial research. They are instruments of a practical nature, founded on the common business of human life, adapted to common wants, designed for common use and fitted for common understandings. The people make them, the people adopt them, the people must be supposed to read them with the help of common sense, and cannot be presumed to admit in them any recondite...
Página 123 - Even the sanctity of our various churches is no proof against their invasion in disguise. By virtue of the authority in me vested by the constitution of the State of Oregon to see that the laws are faithfully executed and enforced...
Página 43 - Every confinement of the person is an imprisonment, whether it be in a common prison, or in a private house, or in the stocks, or even by forcibly detaining one in the public streets.