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action Adm'r administrator agent alleged allowed amount answer appellant appellee application Arkansas assigned authority bank bill bond brought cause chapters charge Circuit Court claim clerk Code complainants consideration Constitution contract debt DECEMBER decree deed defendant demand demurrer Digest dollars duty effect entitled equity error et al evidence exceptions execution exist facts favor filed further give given granted ground heirs held hold hundred instructions intended interest issue Judge judgment jurisdiction jury lands Legislature levy lien limitations matter mortgage motion necessary notice paid parties passed payment person plaintiff plea possession presented Probate Court proceedings provides purchase question reason received record refused remedy rendered rule secure Smith sold statute sufficient suit sustained taken TERM tion trial trust wife
Page 496 - No indictment is insufficient, nor can the trial, judgment, or other proceedings thereon be affected, by reason of a defect or imperfection in matter of form, which does not tend to the prejudice of the substantial rights of the defendant, upon the merits.
Page 262 - 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.
Page 512 - J agreement has been reduced into writing, it is competent to the parties, at any time before breach of it, by a new contract not in writing, either altogether to waive, dissolve, or annul the former agreement, or in any manner to add to, or subtract from, or vary or qualify the terms of it, and thus to make a new contract, which is to be proved partly by the written agreement and partly by the subsequent verbal terms engrafted upon what will be thus left of the written agreement.
Page 611 - If the Act of Incorporation be a grant of political power, if it create a civil institution to be employed in the administration of the government, or if the funds of the college be public property, or if the State of New Hampshire, as a government, be alone interested in its transactions, the subject is one in which the legislature of the State may act according to its own judgment, unrestrained by any limitation /' of its power imposed by the Constitution of the United States.
Page 132 - As men, whose intentions require no concealment, generally employ the words which most directly and aptly express the ideas they intend to convey, the enlightened patriots who framed our constitution, and the people who adopted it, must be understood to have employed words in their natural sense, and to have intended what they have said.
Page 286 - If any bill shall not be returned by the Governor within five days, Sundays excepted, after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the General Assembly by their adjournment prevent its return, in which case it shall not be a law.
Page 551 - Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants...
Page 8 - ... and truly paid, independently of the recital in the deed. Notice must be denied previous to and down to the time of paying the money, and the delivery of the deed ; and if notice is specially charged, the denial must be of all circumstances referred to, from which notice can be inferred; and the answer or plea show how the grantor acquired title . . . The title purchased must be apparently perfect, good at law, a vested estate in fee-simple.
Page 494 - It is an elementary principle of criminal pleading, that where the definition of an offense, whether it be at common law or by statute, "includes generic terms, it is not sufficient that the indictment shall charge the offense in the same generic terms as in the definition; but it must state the species ; it must descend to particulars.
Page 644 - Where there is no actual fraudulent intent, and a voluntary conveyance is made to a child in consideration of love and affection, if the grantor is in prosperous circumstances, unembarrassed, and not considerably indebted, and the gift is a reasonable provision for the child according to his state and condition in life, comprehending but a small portion of his estate, leaving ample funds unencumbered for the payment of the grantor's debts ; then such conveyance will be valid against conveyances existing...