Reports of Cases at Law and in Equity Argued and Determined in the Supreme Court of Arkansas, Volume 29B.J. Borden, 1876 - Law reports, digests, etc |
Contents
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Common terms and phrases
action Adm'r alleged answer appellant appellee Arkansas Ashley county assigned attorney avers Baxter bill of exceptions Bolton bond Brooks Campbell cause charge circuit court Circuit Judge claim clerk common law complaint Compounding a felony constitution of 1868 contract county court debt deceased declared decree deed defendant demurrer Desha county dollars dower equity evidence Ex'r executed fact Feild felony filed Gantt's George W Gould's ground Hanks Harrison held homestead husband indictment instruction issue judgment jurisdiction jurors jury justice lands levied lien ment mortgage motion murder offense overruled paid Palmore parties payment person Phillips county plaintiff pleadings possession probate court proceedings prove provisions purchase money question record refused rendered replevin Sharp county sheriff sold statute suit supersedeas supersedeas bond supreme court sureties testator testimony tion trial verdict void Walker wife witness writ of error
Popular passages
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.
Page 183 - ... of the General Assembly : the person having the highest number of votes shall be governor ; but if two or more shall be equal and highest in votes, one of them shall be chosen Governor by joint ballot of both houses of the General Assembly.