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action alleged allowed amount answer appellant appellee applied Arkansas assigned attorney authority bill Bolton bond Brooks cause charge circuit court circumstances claim complaint consideration considered constitution contract death debt deceased decision decree deed defendant delivered demurrer determine dollars effect error et al evidence exceptions executed fact filed follows Gantt's give given granted ground Hanks Harrison held homestead husband indictment instruction interest issue John Judge judgment jurisdiction jury justice lands lien lots matter ment motion murder notice objection offense original paid parties payment person plaintiff pleadings possession present probate proceedings proof prove provisions purchase question reason received record referred refused rendered rule says separate sold statute sufficient suit Sunday sureties taken term tion trial verdict void wife witness writ
Page 266 - It is not a mere possible doubt; because everything relating to human affairs, and depending on moral evidence, is open to some possible or imaginary doubt. It is that state of the case which, after the entire comparison and consideration of all the evidence, leaves the minds of the jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge.
Page 45 - The granting of a new trial places the parties in the same position as if no trial had been had. All the testimony must be produced anew, and the former verdict cannot be used or referred to, either in evidence or in argument, or be pleaded in bar of any conviction which might have been had under the indictment.
Page 277 - ... the plaintiff must recover upon the strength of his own title, and not upon the weakness of the title of the defendant.
Page 32 - Chavez murder, the jury brought in a verdict of murder in the first degree. A motion for a new trial was denied, and the prisoners were again sentenced to hang on October 15, 1896.
Page 43 - The plaintiff moved the trial court to set aside the verdict, and grant him a new trial, on the ground that it was contrary to the law and the evidence...
Page 395 - Any person who shall keep open his shop, warehouse or workhouse, or shall do any manner of labor, business or work, except only works of necessity and charity...
Page 183 - The returns of every election for the officers named in the foregoing section, shall be sealed up and transmitted to the seat of government, by the returning officers...
Page 234 - Tf a person kill another in self-defense, it must appear that the danger was so urgent and pressing that in order to save his own life, or to prevent his receiving great bodily harm, the killing of the other was absolutely necessary ; and it must appear also that the person killed was the assailant, or that the slayer had really and in good faith endeavored to decline any further struggle before the mortal blow was given.
Page 417 - The existence of a state of insurrection and war did not loosen the bonds of society, or do away with civil government, or the regular administration of the laws. Order was to be preserved, police regulations maintained, crime prosecuted, property protected, contracts enforced, marriages celebrated, estates settled, and the transfer and descent of property regulated precisely as in time of peace.