Reports of Cases Argued and Determined in the Supreme Court of Tennessee [1818-1837], Svazek 9Hall and Heiskell, 1836 |
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Strana 10
... issue ; and to the last , there was a demurrer , which was sus- tained by the court below . The jury rendered a verdict for the plaintiff for half the amount of the note . The plaintiff moved for a new trial , which the court overruled ...
... issue ; and to the last , there was a demurrer , which was sus- tained by the court below . The jury rendered a verdict for the plaintiff for half the amount of the note . The plaintiff moved for a new trial , which the court overruled ...
Strana 18
... issue the execution , founded upon the first judgment , and that the execution , issued in this case was therefore regular . Where a judgment is rendered before a justice , for ninety - four dollars , fifty- two cents , upon which ...
... issue the execution , founded upon the first judgment , and that the execution , issued in this case was therefore regular . Where a judgment is rendered before a justice , for ninety - four dollars , fifty- two cents , upon which ...
Strana 19
... issue an exe- cution upon the judgment originally rendered . But as no judgment is required , and the execution might well issue without it , the rendition of the judgment will not vitiate the execution , utile per inutile non vitiatur ...
... issue an exe- cution upon the judgment originally rendered . But as no judgment is required , and the execution might well issue without it , the rendition of the judgment will not vitiate the execution , utile per inutile non vitiatur ...
Strana 23
... issue , thus , being made at once . This was the proper course to have pursued in this case , instead of running the pleadings to a rep- lication , concluding with a verification . This state of the pleadings , at first , induced the ...
... issue , thus , being made at once . This was the proper course to have pursued in this case , instead of running the pleadings to a rep- lication , concluding with a verification . This state of the pleadings , at first , induced the ...
Strana 30
... issue . Where a certiorari ought to have been dismissed for want of jurisdiction in the court , but was not , and a verdict and judgment were rendered , from which , an appeal was taken to the supreme court : Held , that up to the time ...
... issue . Where a certiorari ought to have been dismissed for want of jurisdiction in the court , but was not , and a verdict and judgment were rendered , from which , an appeal was taken to the supreme court : Held , that up to the time ...
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acquitted action Agnes Brown assigned assumpsit attorney averment bank note bill of indictment bonds bonus certiorari chancery charter circuit court clerk and master common law complainant contended contract conveyance court of chancery covenant creditor Davidson county debt December declaration decree deed defendant in error delivered the opinion dollars endorser evidence execution executor fact felony fund Giles county guilty heirs Hickman Hite intention interest issue John judge juror justice KNOXVILLE land legislature liable limitation March matter ment NASHVILLE negroes nul tiel record offence paid parties payable payment person plaintiff in error plea pleaded possession principle prisoner probate proof proved purchase question received rendered Rucker rule scire facias service of process seventh section sheriff statute statute of limitations suit surety tenant Tennessee term testator tiel tion trial trust Union Bank verdict vested voir dire warranty Wilson county witness words Yerg Yerger
Oblíbené pasáže
Strana 216 - ... except where such trust has been created by, or the fund so held in trust has proceeded from, some person other than the defendant...
Strana 206 - Biddulph lawfully to be begotten, severally and successively, and in remainder one after another, as they and every of them shall be in seniority of age and priority of birth...
Strana 446 - All property shall be taxed according to its value, that value to be ascertained in such manner as the Legislature shall direct, so that taxes shall be equal and uniform throughout the State.
Strana 248 - ... the jury, before whom any person indicted for murder shall be tried, shall, if they find such person guilty thereof, ascertain in their verdict whether it be murder of the first or second degree...
Strana 340 - ... if crimes are so distinct that evidence of the one will not support the other, it is as inconsistent with reason as it is repugnant to the rules of law to say that they are so far the same that an acquittal of the one shall be a bar to a prosecution for the...
Strana 106 - Where the terms of promise admit of more senses than one, the promise is to be performed " in that sense in which the promiser apprehended, at the time, that the promisee received it.
Strana 208 - That the general intent should overrule the particular, is not the most accurate expression of the principle of decision. The rule is, that technical words shall have their legal effect, unless, from subsequent inconsistent words, it is very clear that the testator meant otherwise.
Strana 199 - When a person takes an estate of freehold, legally or equitably, under a deed, will, or other writing, and in the same instrument there is a limitation by way of remainder, either with or without the interposition of another estate, of an interest of the same legal or equitable quality, to his heirs, or heirs of his body, as a class of persons to take in succession, from generation to generation, the limitation to the heirs entitles the ancestor to the whole estate.
Strana 199 - Rule in Shelley's Case is stated by Lord Coke (1 ^Coke 93)3, 1O4b, 76 Eng. Reprint 206, 234) to be that "When the ancestor, by any gift or conveyance taketh an estate of freehold, and in the same gift or conveyance an estate is limited, either mediately or immediately to his heirs In fee or in tail .... the heirs are words of limitation of the estate and not words of purchase", and by Preston on Estates (Vol.
Strana 313 - ... that he had not formed or expressed an opinion as to the guilt or innocence of the prisoner at the bar.