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 13
... Held , that it is assignable . T. & T. were not bound in law to know who held the order or contract upon which suit was brought , until they had actual or constructive notice given them of the fact . No man is bound to remain a debtor ...
... Held , that it is assignable . T. & T. were not bound in law to know who held the order or contract upon which suit was brought , until they had actual or constructive notice given them of the fact . No man is bound to remain a debtor ...
Page 35
... held , that a suit could not be maintained on such bond in the name of the Commonwealth for the use of a party , to whom a legacy had been assigned by the legatee . The cases referred to in Kentucky , in 3 A. K. Marsh . 1176 , and 2 ...
... held , that a suit could not be maintained on such bond in the name of the Commonwealth for the use of a party , to whom a legacy had been assigned by the legatee . The cases referred to in Kentucky , in 3 A. K. Marsh . 1176 , and 2 ...
Page 44
... held , that the declarations of the father's wife , in his absence , at the time the daughter took possession , that she did not give , but only lent her the slave , did not change the gift into a loan , though the possession was ...
... held , that the declarations of the father's wife , in his absence , at the time the daughter took possession , that she did not give , but only lent her the slave , did not change the gift into a loan , though the possession was ...
Page 46
... held by any court upon the face of the earth , that the father , as natural guardian , had any thing to do with , or any connection whatever with , the property of the child . How , then , or upon what principle , can the possession of ...
... held by any court upon the face of the earth , that the father , as natural guardian , had any thing to do with , or any connection whatever with , the property of the child . How , then , or upon what principle , can the possession of ...
Page 50
... Held , that the party not having acquired the legal title to the bond , could not sue on it in his own name . IN error from the circuit court of Chickasaw county ; Hon . John Watts , judge . On the 30th of April , 1849 , the plaintiff ...
... Held , that the party not having acquired the legal title to the bond , could not sue on it in his own name . IN error from the circuit court of Chickasaw county ; Hon . John Watts , judge . On the 30th of April , 1849 , the plaintiff ...
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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.