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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Página 16
... contract merely states an amount in dollars and cents , it is held that it may be shown by parol that it was agreed at the time to be paid in bank bills . Morton v . Wells , 1 Tyler , 381 , cited in 2 United States Digest , 304 , pl ...
... contract merely states an amount in dollars and cents , it is held that it may be shown by parol that it was agreed at the time to be paid in bank bills . Morton v . Wells , 1 Tyler , 381 , cited in 2 United States Digest , 304 , pl ...
Página 17
... contract . And the objection is not obviated by the circuitous method of arriving at the fact . The competency of evidence is to be determined by its legal effect . It is immaterial how long or circuitous the chain may be by which the ...
... contract . And the objection is not obviated by the circuitous method of arriving at the fact . The competency of evidence is to be determined by its legal effect . It is immaterial how long or circuitous the chain may be by which the ...
Página 18
... contract ; but to vary its effect by showing facts which transpired before and at the time it was delivered . The rule is very distinctly laid down , that where the law requires a written instrument , or where parties adopt that mode of ...
... contract ; but to vary its effect by showing facts which transpired before and at the time it was delivered . The rule is very distinctly laid down , that where the law requires a written instrument , or where parties adopt that mode of ...
Página 41
... contract between them , but that Enloe , at the end of the year , and after the sale of the negroes under the exe- cution , had demanded hire for them , which the witness paid ; and that the demand of payment , and the adjustment of the ...
... contract between them , but that Enloe , at the end of the year , and after the sale of the negroes under the exe- cution , had demanded hire for them , which the witness paid ; and that the demand of payment , and the adjustment of the ...
Página 42
... contract or agreement , instead of the execution or performance of the contract of 10th December , 1842 , and as it stands opposed to the correct charge , given at the instance of the defendant , it is erroneous . The remaining charge ...
... contract or agreement , instead of the execution or performance of the contract of 10th December , 1842 , and as it stands opposed to the correct charge , given at the instance of the defendant , it is erroneous . The remaining charge ...
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Términos y frases comunes
action administrator affidavit alleged amount answer appeal assignment assumpsit bill bond brought Brungard Calvin Lea Carradine chancellor chancery charge circuit court cited claim commissioners complainant contract court of chancery creditors debt deceased declaration decree deed of trust defendant in error delivered the opinion demurrer equity evidence execution executor fact Ferriday filed fraud fund given grant held Hinds county Hooe Hutch indictment indorser injunction insolvent instruction issued John judge judgment juror jury Justice CLAYTON delivered land legal title levied liable lien Longon McCann ment Mississippi mortgage negroes notice objection paid parties payment person plaintiff in error plea plead possession prisoner probate court proof prove purchase question refused replevin scire facias sheriff slaves sold statute sued sufficient suit surety sustained testimony Thomas tion trial Turner vendee vendor verdict void Walker Wend Wilkinson county witness writ of error Yazoo county
Pasajes populares
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...