Reports of Cases Argued and Determined in the Supreme Court of Tennessee, Svazek 1Jones, Purvis, 1870 |
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Strana 4
... insisted , however , that the failure of plain- tiff to file his account with his declaration , is only equiv- alent to a failure to make profert of a promissory note , when sued on , and could only be taken advantage of by George W ...
... insisted , however , that the failure of plain- tiff to file his account with his declaration , is only equiv- alent to a failure to make profert of a promissory note , when sued on , and could only be taken advantage of by George W ...
Strana 6
... Several errors are complained of by the plaintiff in error : 1. It is insisted by him that the Court erred in ad- * See Fowlkes v . Long , 4 Hum . , 511 , 513. Acc . George W. Smith v . T. W. Large and H. 6 KNOXVILLE :
... Several errors are complained of by the plaintiff in error : 1. It is insisted by him that the Court erred in ad- * See Fowlkes v . Long , 4 Hum . , 511 , 513. Acc . George W. Smith v . T. W. Large and H. 6 KNOXVILLE :
Strana 19
... insisted that this was not done in this Unless it was done , the Court had no power to proceed to a judgment in the case . case . It does not appear , affirmatively , in the case , at what William Sullivan v . Jehiel Fugate . time , if ...
... insisted that this was not done in this Unless it was done , the Court had no power to proceed to a judgment in the case . case . It does not appear , affirmatively , in the case , at what William Sullivan v . Jehiel Fugate . time , if ...
Strana 22
... insisted that this is an effort to attack the judgment of the Justice of the Peace collaterally , which cannot be done under case of Turner v . Ireland , 11 Hum . , 447. We admit the correctness of the decision above quoted , but that ...
... insisted that this is an effort to attack the judgment of the Justice of the Peace collaterally , which cannot be done under case of Turner v . Ireland , 11 Hum . , 447. We admit the correctness of the decision above quoted , but that ...
Strana 28
... insisted by complain- ant's solicitor that the judgment at law was absolutely void , and should be perpetually enjoined . There was no service of the summons upon any of the defendants ; and it has been repeatedly held by this Court ...
... insisted by complain- ant's solicitor that the judgment at law was absolutely void , and should be perpetually enjoined . There was no service of the summons upon any of the defendants ; and it has been repeatedly held by this Court ...
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action Adm'r affidavit alleged amount answer appeal in error attachment attorney bill of exceptions bond cause Chancellor Chancery Court charge Circuit Court Circuit Judge cited Clerk Code Cold complainant Confederate money contract conveyance County court of equity creditors DEADERICK debt declaration decree deed defendant in error delivered the opinion demurrer dollars entitled equity error coram nobis evidence execution fact fendant filed George W Government Greene County Greeneville held insisted issue James John Joseph judgment jurisdiction jury Justice land liability lien MCFARLAND ment motion paid party payment person plainant plaintiff in error plea pleadings presiding proof purchase money question R. M. BARTON rebel record remanded replevin reversed rule Scruggs service of process Smith Sneed sold soldiers Southern Express Company statute suit surety term testator testimony tion tract trespass trial verdict void wife William witness writ of error
Oblíbené pasáže
Strana 516 - that the laws of the several States, except where the Constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases where they apply.
Strana 54 - Hence, in organizing this rebellion, they have acted as States claiming to be Sovereign over all persons and property within their respective limits, and asserting a right to absolve their citizens from their allegiance to the Federal Government.
Strana 719 - Story says, if the mistake is made out of proofs entirely satisfactory, equity will reform the contract so as to make it conform to the precise intent of the parties; but if the proofs are doubtful and unsatisfactory, and the mistake is not made entirely plain, equity will withhold relief, upon the ground that the written paper ought to be treated as a full and correct expression of the intent, until the contrary is established beyond reasonable controversy.
Strana 271 - Without considering any of the other questions which have been argued, we reverse the judgment and Remand the cause for a new trial.
Strana 123 - They bore, indeed, this character upon their face, for they were made payable -after the ratification of a treaty of peace between the Confederate States and the United States of America.
Strana 718 - ... violates the manifest intention of the parties to the agreement, equity will correct the mistake so as to produce a conformity of the instrument to the agreement.
Strana 136 - Contracts stipulating for payments in this currency cannot be regarded for that reason only as made in aid of the foreign invasion in the one case, or of the domestic insurrection in the other. They have no necessary relations to the hostile government, whether invading or insurgent. They are transactions in the ordinary course of civil society, and, though they may indirectly and remotely promote the ends of the unlawful government, are without blame, except when proved to have been entered into...
Strana 136 - ... insurgent. They are transactions in the ordinary course of civil society, and, though they may indirectly and remotely promote the ends of the unlawful government, are without blame, except when proved to have been entered into with actual intent to further invasion or insurrection. We cannot doubt that such contracts should be enforced in the courts of the United States, after the restoration of peace, to the extent of their just obligation.
Strana 60 - The United States acknowledge and protect, in hostile countries occupied by them, religion and morality ; strictly private property ; the persons of the inhabitants, especially those of women ; and the sacredness of domestic relations. Offences to the contrary shall be rigorously punished.
Strana 693 - ... and reverence ever after. They who protected the weakness of our infancy are entitled to our protection in the iiiflrmity of their age.