Cases Argued and Decided in the Supreme Court of Mississippi ..., Volumen21Mississippi. Supreme Court, Thomas Alexander Marshall, William C. Smedes, Volney Erskine Howard, Robert John Walker, John Franklin Cushman, James Zachariah George E.W. Stephens Publishing Company, 1850 Vol. 1 is a reprint of 1834 edition. |
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action administrator alleged allowed amount answer appeal apply assignment attachment authority bank bill bond brought cause charge circuit court cited claim commissioners complainant condition consideration contract creditors debt decided decree deed defendant delivered directed effect error et al evidence exceptions execution fact filed fraud fund give given granted ground hands held Hutch indictment injunction insisted instruction intent interest issued James John judge judgment jury Justice land levied lien limitations matter ment Mississippi mortgage necessary negroes notice objection opinion paid party payment person plaintiff plea possession present prisoner proceedings proof prove purchase question reason received record refused regard rendered rule sheriff slaves Smith sold statute sued sufficient suit sustained taken term testimony tion trial trust Turner unless verdict witness writ
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Página 174 - And whereas it is just and reasonable, and essential to our Interest, and the Security of our Colonies, that the several Nations or Tribes of Indians with whom We are connected, and who live under our Protection...
Página 398 - Jurors, when examined on his voir dire, had falsely stated that he had not formed or expressed an opinion as to the guilt or Innocence of the prisoner...
Página 488 - What circumstances will amount to proof can never be matter of general definition ; the legal test is the sufficiency of the evidence to satisfy the understanding and conscience of the jury. On the one hand, absolute, metaphysical and demonstrative certainty is not essential to proof by circumstances. It is sufficient if they produce moral certainty to the exclusion of every reasonable doubt ; even direct and positive testimony does not afford grounds of belief of higher and superior nature.
Página 576 - ... to ascertain and enforce the forfeiture. This is the common law of the land, and is a tacit condition annexed to the creation of every such corporation.
Página 174 - Florida, do presume, upon any pretence whatever, to grant warrants of survey, or pass any patents for lands beyond the bounds of their respective governments...
Página 576 - A private corporation," say the court, "created by the Legislature, may lose its franchises by a misuser or a nonuser of them; and they may be resumed by the government under a judicial judgment upon a quo warranto to ascertain and enforce the forfeiture.
Página 560 - It appears to me very clear, upon general principles, as well as the legislative intention, that the capital stock of banks is to be deemed a pledge or trust fund for the payment of the debts contracted by the bank.
Página 452 - This court may, perhaps, try title to land when it arises incidentally ; but it is understood not to be within its province, when the case depends on a simple legal title, and is brought up directly by the bill. The power is only to be exercised in difficult and complicated cases, affording peculiar grounds for equitable interference.
Página 405 - ... to law and to the evidence. The evidence as shown in the record is, in substance, as follows: That the plaintiff...
Página 34 - Thousand dollars in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, have granted, bargained, and sold, and by these presents do grant, bargain, and sell, unto the said party of the second part...