Mississippi Reports ... Being Cases Argued and Decided in the Supreme Court of Mississippi, Volume 25E.W. Stephens Publishing Company, 1854 - Law reports, digests, etc |
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Page 6
... decided is indicated , but the very point itself is condensed and digested under an appropriate head , easy of refer- This volume will compare favorably with the Reports ence . • of other States . " [ From the same of September , 1853 ...
... decided is indicated , but the very point itself is condensed and digested under an appropriate head , easy of refer- This volume will compare favorably with the Reports ence . • of other States . " [ From the same of September , 1853 ...
Page 7
Mississippi. Supreme Court. and complete adjustment of the several points and principles decided has been followed as heretofore . The members of the bar , and the judges of Mississippi , are under obligations to Mr. Cushman for the ...
Mississippi. Supreme Court. and complete adjustment of the several points and principles decided has been followed as heretofore . The members of the bar , and the judges of Mississippi , are under obligations to Mr. Cushman for the ...
Page 20
... decided by the courts . The authori- ties cited are cases in which it was holden , under a statute very similar to our own , that contracts or obligations contain- ing stipulations for the performance of any act or duty which was not ...
... decided by the courts . The authori- ties cited are cases in which it was holden , under a statute very similar to our own , that contracts or obligations contain- ing stipulations for the performance of any act or duty which was not ...
Page 24
... decided in this court , from Campbell v . Brown , 6 How . 106 , down to Laughman v . Thompson , 6 S. & M. 259 , were decided on the ground of a want of jurisdiction in the court , because the record did not show the requisite citations ...
... decided in this court , from Campbell v . Brown , 6 How . 106 , down to Laughman v . Thompson , 6 S. & M. 259 , were decided on the ground of a want of jurisdiction in the court , because the record did not show the requisite citations ...
Page 29
... decided against the defendant below . It is now a settled question . But it could not avail , for another reason , in this action . The levy as to the wife was void , and could not , therefore , operate to divest the title of the wife ...
... decided against the defendant below . It is now a settled question . But it could not avail , for another reason , in this action . The levy as to the wife was void , and could not , therefore , operate to divest the title of the wife ...
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Common terms and phrases
8th section action administrator admitted agent alleged amount appellant appellee authority bill bonds chancery charge charter circuit court claim complainant constitution contended contract corporation court of equity creditors debt declared decree deed defendant in error delivered the opinion demurrer directors entitled equity evidence execution executor fact filed held Hinds county Hutch indorsement intended interest issued John Johnson judge judgment jurisdiction jury land legal title legislature liability lien loan Marshall county ment Mississippi Union Bank Monroe county mortgages negroes Niles notes notice object original act paid party payment person plaintiff in error plea pleadings pledge the faith probate court proof purchase question record rendered repeal Robert Steen rule Samuel Stebbins scire facias settlement sheriff slave sold statute statute of limitations stockholders subscribed suit supplemental act sustained term tion Tippah county trust void writ of error
Popular passages
Page 700 - Provided, That nothing in this section shall be so construed as to prevent the employment of a seamstress by any family for manufacturing articles for such family use. None of...
Page 718 - It is an universal principle, that, where power or jurisdiction is delegated to any public officer or tribunal over a subject-matter, and its exercise is confided to his or their discretion ; the acts so done are binding and valid as to the subject-matter...
Page 283 - The writing, it is true, may be read by the light of surrounding circumstances, in order more perfectly to understand the intent and meaning of the parties ; but, as they have constituted the writing to be the only outward and visible expression of their meaning, no other words are to be added to it, or substituted in its stead.
Page 787 - Bills may originate in either house, and be amended, altered, or rejected by the other; but no bill shall have the force of a law until, on three several days, it be read in each house, and free discussion be allowed thereon, unless, in case of great emergency, four-fifths of the house in which the bill shall be pending may deem it expedient to dispense with this rule; and every bill, having passed Ixrth houses, shall be signed by the speaker and president of their respective houses.
Page 690 - 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 850 - They will not readily presume, out of respect and duty to the lawgiver, that any very unjust or absurd consequence was within the contemplation of the law. But if it should happen to be too palpable in its direction to admit of but one construction, there is no doubt, in the English law, as to the binding efficacy of the statute.
Page 120 - But the authorities are not now to be shaken ; and the general line now taken is that, if the person for whose use the goods are furnished be liable at all, any other promise by a third person to pay that debt must be in writing, otherwise it is void by the statute of frauds, 29 Car.
Page 386 - If, upon a sudden quarrel, two persons fight, and one of them kills the other, this is manslaughter; and so it is if they, upon such an occasion, go out and fight in a field ; for this is one continued act of passion ; and the law pays that regard to human frailty as not to put a hasty and a deliberate act upon the same footing with regard to guilt.
Page 369 - Ambiguitas patens is never holpen by averment, and the reason is, because the law will not couple and mingle matter of specialty, which is of the higher account, with matter of averment, which is of inferior account in law; for that were to make all deeds hollow, and subject to averments, and so in effect, that to pass without deed, which the law appointeth shall not pass but by deed.
Page 437 - It is chiefly for the purpose of clothing bodies of men, in succession, with these qualities and capacities, that corporations were invented and are in use. By these means a perpetual succession of individuals are capable of acting for the promotion of the particular object, like one immortal being.