Reports of Cases Argued and Determined in the Supreme Court of Tennessee, Svazek 1Jones, Purvis, 1870 |
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Strana 5
... reversed , and the case re- manded for trial . GEORGE W. SMITH , Plaintiff in error , v . T. W. LARGE and H. JOHNSON . 1. EVIDENCE . Primary and secondary . Design of a writing . The plaintiffs in a suit offered parol proof that they ...
... reversed , and the case re- manded for trial . GEORGE W. SMITH , Plaintiff in error , v . T. W. LARGE and H. JOHNSON . 1. EVIDENCE . Primary and secondary . Design of a writing . The plaintiffs in a suit offered parol proof that they ...
Strana 9
... reversed . JAMES JENNINGS , in error , v . JOSEPH E. MERCER . 1. APPEAL . Pauper oath , Amendment . Certificate , of appeal prayed and of taking pauper oath , does not prove appeal granted . Amendment necessary . FROM GREENE . Appeal in ...
... reversed . JAMES JENNINGS , in error , v . JOSEPH E. MERCER . 1. APPEAL . Pauper oath , Amendment . Certificate , of appeal prayed and of taking pauper oath , does not prove appeal granted . Amendment necessary . FROM GREENE . Appeal in ...
Strana 12
... reversed , and the cause re- manded . WM . BOON , in error , v . MARY RAHL , by her husband , A. RAHL . 1. ATTACHMENT . Plea in abatement not an appearance . Pleading in abate- ment to an attachment is not an appearance , by which the ...
... reversed , and the cause re- manded . WM . BOON , in error , v . MARY RAHL , by her husband , A. RAHL . 1. ATTACHMENT . Plea in abatement not an appearance . Pleading in abate- ment to an attachment is not an appearance , by which the ...
Strana 15
... of error . The judgment of the Circuit Court is reversed , the demurrer overruled , and the cause remanded for issue and trial , upon the plea in abatement . Henry Riley et als . v . Jesse P. Nichols SEPTEMBER TERM , 1870 . 15.
... of error . The judgment of the Circuit Court is reversed , the demurrer overruled , and the cause remanded for issue and trial , upon the plea in abatement . Henry Riley et als . v . Jesse P. Nichols SEPTEMBER TERM , 1870 . 15.
Strana 20
... reversed and remanded for further proceedings in the Circuit Court , and all cost incident to the issuance of the attachment , and the cost of this Court , will be paid by defendants in error . WILLIAM SULLIVAN , in error , v . JEHIEL ...
... reversed and remanded for further proceedings in the Circuit Court , and all cost incident to the issuance of the attachment , and the cost of this Court , will be paid by defendants in error . WILLIAM SULLIVAN , in error , v . JEHIEL ...
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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.