Reports of the Cases Argued and Determined in the Supreme Court of Tennessee, During the Years 1853-[1858], Том 3M'Kennie & Brown, Printers, True Whig Office, 1857 |
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Adm'r administrator appealed in error apply assumpsit authority Bank of Tennessee bill bond brought CARUTHERS cause certiorari Chancellor Chancery Court charge charter Circuit Court claim common law complainant constitution contract corporation County Court Court of Equity covenant creditors damages debt declaration decree deed defendant appealed defendant in error delivered the opinion demurrer discharge effect equity evidence Ex'r execution executors facts favor feme covert filed grant ground habeas corpus Harris heirs Howell Harris Humph indictment issue James John John Lafferty Judge jury justice land legal title Legislature levy liable lien matter MCKINNEY ment motion non est factum offence paid party payment person plaintiff in error plea possession principle proof provisions purchase question recover rendered rule Samuel Ferguson scire facias sheriff slave statute suit Term testator tion tract trespass trial trust verdict and judgment vested void William witness Yerg
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Страница 571 - The records and judicial proceedings of the courts of any State or Territory, or of any such country, shall be proved or admitted in any other court within the United States, by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, that the said attestation is in due form.
Страница 395 - ... in time after the decree, and not any new proof which might have been used when the decree was made: nevertheless, upon new proof, that is come to light after the decree made, and could not possibly have been used at the time when the decree passed, a bill of review may be grounded by the special license of the court, and not otherwise.
Страница 177 - A court of equity, which is never active in relief against conscience or public convenience, has always refused its aid to stale demands, where the party has slept upon his rights, and acquiesced for a great length of time. Nothing can call forth this court into activity but conscience, good faith and reasonable diligence.
Страница 402 - For it is not to be presumed that the Legislature intended to make any innovation upon the Common Law further than the case absolutely required.
Страница 215 - Now, there is but one case in which it appears to us that this sort of evidence of intention can properly be admitted, and that is, where the meaning of the testator's words is neither ambiguous nor obscure, and where the devise is on the face of it perfect and intelligible, but, from some of the circumstances admitted in proof, an ambiguity arises, as to which of the two or more things, or which of the two or more persons (each answering the words in the will), the testator intended to express.
Страница 574 - Is aforesaid, shall or might be in any wise disturbed, hindered, delayed or defrauded), to be clearly and utterly void, any pretence, colour, feigned consideration, expressing of use.
Страница 92 - The promise thus made was a promise " to answer for the payment of some debt, or the performance of some duty, in case of the failure of another person who is himself, in the first instance, liable to such payment or performance.
Страница 648 - The Legislature shall have no power to suspend any general law for the benefit of any particular individual, nor to pass any law for the benefit of individuals, inconsistent with the general laws of the land ; nor to pass any law granting to any individual or individuals, rights, privileges, immunities, or exemptions, other than such as may be, by the same law, extended to any member of the community who may be able to bring himself within the provisions of such law.
Страница 71 - Every objection to any indictment for any formal defect apparent on the face thereof shall be taken by demurrer or motion to quash such indictment before the jury shall be sworn, and not afterwards...
Страница 395 - No decree shall be reversed, altered, or explained, being once under the great seal, but upon Bill of Review. And no Bill of Review shall be admitted, except it contain either error in law, appearing in the body of the decree, without further examination of matters in fact, or some new matter, which hath arisen in time after the decree, and not any new proof, which might have been used, when the decree was made.