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
... matter in abatement shall not be taken advantage of in the appellate court , unless it be pleaded in writing , and verified by oath or otherwise , at the first term of the court to which the appeal is taken , This action was commenced ...
... matter in abatement shall not be taken advantage of in the appellate court , unless it be pleaded in writing , and verified by oath or otherwise , at the first term of the court to which the appeal is taken , This action was commenced ...
Page 10
... matter not in defence , but in abatement of the action . Pleas in abate- ment are allowed , stricti juris , and no ... matter is in pais , and by record , when it is matter of record . The word affi- davit , ex vi termini , means an oath ...
... matter not in defence , but in abatement of the action . Pleas in abate- ment are allowed , stricti juris , and no ... matter is in pais , and by record , when it is matter of record . The word affi- davit , ex vi termini , means an oath ...
Page 16
... courts of the State had original jurisdiction of the subject matter by action , and where a motion was substituted , it must of necessity have March , 1836 . been given to all , unless 16 DECISIONS OF THE SUPREME COURT.
... courts of the State had original jurisdiction of the subject matter by action , and where a motion was substituted , it must of necessity have March , 1836 . been given to all , unless 16 DECISIONS OF THE SUPREME COURT.
Page 20
... matter of fact is the foundation of the action , and matter of record only inducement thereto , a slight variance in the description of the record is not a fatal variance . A , by bond , indemnified B , against a certain note , upon ...
... matter of fact is the foundation of the action , and matter of record only inducement thereto , a slight variance in the description of the record is not a fatal variance . A , by bond , indemnified B , against a certain note , upon ...
Page 22
... matter of inducement , and only important , so far as the amount is concerned , in fixing the damages to be assessed . When matter of fact is the foundation of an action , and matter of record inducement thereto , it has always been ...
... matter of inducement , and only important , so far as the amount is concerned , in fixing the damages to be assessed . When matter of fact is the foundation of an action , and matter of record inducement thereto , it has always been ...
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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.