Reports of Cases Argued and Determined in the Supreme Court of Tennessee [1818-1837], Volume 9Hall and Heiskell, 1836 - Law reports, digests, etc |
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Page 10
... execution , and deprive the court of the services of the juror . The process served on the plaintiff in error was a summons , and only operated as a March , 1836 . personal notice , the reason of 8 DECISIONS OF THE SUPREME COURT.
... execution , and deprive the court of the services of the juror . The process served on the plaintiff in error was a summons , and only operated as a March , 1836 . personal notice , the reason of 8 DECISIONS OF THE SUPREME COURT.
Page 13
... execution , or that he was commissioned as sheriff . The judgment must only state such facts as show the court has jurisdiction . M Carrol vs. Weeks , 2 Tenn . Rep . 215 : Hamilton vs. Burem , 3 Yerg . Rep . 355 . The law does not ...
... execution , or that he was commissioned as sheriff . The judgment must only state such facts as show the court has jurisdiction . M Carrol vs. Weeks , 2 Tenn . Rep . 215 : Hamilton vs. Burem , 3 Yerg . Rep . 355 . The law does not ...
Page 18
... execution issued , reciting the first judgment , it was held , that although the justice had no power to render the last judgment , yet he had power , by the act of 1805. c . 66 , § 4 , to issue the execution , founded upon the first ...
... execution issued , reciting the first judgment , it was held , that although the justice had no power to render the last judgment , yet he had power , by the act of 1805. c . 66 , § 4 , to issue the execution , founded upon the first ...
Page 19
... execution on the judgment , accompanied by a certificate from the clerk of the county court of the county where the judgment was ren- dered , showing that the justice who rendered the judgment and issued the execution , was an acting ...
... execution on the judgment , accompanied by a certificate from the clerk of the county court of the county where the judgment was ren- dered , showing that the justice who rendered the judgment and issued the execution , was an acting ...
Page 24
... executed , must be averred in the decla- ration . A demurrer reaches the first defect in pleading , therefore , if the declaration is defective , and a plea be demurred to , it operates as a demurrer to the decla . ration . This is an ...
... executed , must be averred in the decla- ration . A demurrer reaches the first defect in pleading , therefore , if the declaration is defective , and a plea be demurred to , it operates as a demurrer to the decla . ration . This is an ...
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Common terms and phrases
acquitted action Agnes Brown assigned assumpsit attorney averment bank note bill of indictment bonds bonus certiorari chancery charter circuit court clerk and master common law complainant contended contract conveyance court of chancery covenant creditor Davidson county debt December declaration decree deed defendant in error delivered the opinion dollars endorser evidence execution executor fact felony fund Giles county guilty heirs Hickman Hite intention interest issue John judge juror justice KNOXVILLE land legislature liable limitation March matter ment NASHVILLE negroes nul tiel record offence paid parties payable payment person plaintiff in error plea pleaded possession principle prisoner probate proof proved purchase question received rendered Rucker rule scire facias service of process seventh section sheriff statute statute of limitations suit surety tenant Tennessee term testator tiel tion trial trust Union Bank verdict vested voir dire warranty Wilson county witness words Yerg Yerger
Popular passages
Page 216 - ... except where such trust has been created by, or the fund so held in trust has proceeded from, some person other than the defendant...
Page 206 - Biddulph lawfully to be begotten, severally and successively, and in remainder one after another, as they and every of them shall be in seniority of age and priority of birth...
Page 446 - All property shall be taxed according to its value, that value to be ascertained in such manner as the Legislature shall direct, so that taxes shall be equal and uniform throughout the State.
Page 248 - ... the jury, before whom any person indicted for murder shall be tried, shall, if they find such person guilty thereof, ascertain in their verdict whether it be murder of the first or second degree...
Page 340 - ... if crimes are so distinct that evidence of the one will not support the other, it is as inconsistent with reason as it is repugnant to the rules of law to say that they are so far the same that an acquittal of the one shall be a bar to a prosecution for the...
Page 106 - Where the terms of promise admit of more senses than one, the promise is to be performed " in that sense in which the promiser apprehended, at the time, that the promisee received it.
Page 208 - That the general intent should overrule the particular, is not the most accurate expression of the principle of decision. The rule is, that technical words shall have their legal effect, unless, from subsequent inconsistent words, it is very clear that the testator meant otherwise.
Page 199 - When a person takes an estate of freehold, legally or equitably, under a deed, will, or other writing, and in the same instrument there is a limitation by way of remainder, either with or without the interposition of another estate, of an interest of the same legal or equitable quality, to his heirs, or heirs of his body, as a class of persons to take in succession, from generation to generation, the limitation to the heirs entitles the ancestor to the whole estate.
Page 199 - Rule in Shelley's Case is stated by Lord Coke (1 ^Coke 93)3, 1O4b, 76 Eng. Reprint 206, 234) to be that "When the ancestor, by any gift or conveyance taketh an estate of freehold, and in the same gift or conveyance an estate is limited, either mediately or immediately to his heirs In fee or in tail .... the heirs are words of limitation of the estate and not words of purchase", and by Preston on Estates (Vol.
Page 313 - ... that he had not formed or expressed an opinion as to the guilt or innocence of the prisoner at the bar.