Mississippi Reports ... Being Cases Argued and Decided in the Supreme Court of Mississippi, Volume 66E.W. Stephens Publishing Company, 1890 - Law reports, digests, etc |
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Page 90
... deceased was a felon resisting arrest under a warrant , it is proper to exclude all evidence of directions given to defendant at the time the warrant was placed in his hands . APPEAL from the circuit court of Warren county . HON . RALPH ...
... deceased was a felon resisting arrest under a warrant , it is proper to exclude all evidence of directions given to defendant at the time the warrant was placed in his hands . APPEAL from the circuit court of Warren county . HON . RALPH ...
Page 91
... deceased at his boat on the river , making preparations to leave , and went down to arrest him . Seeing him leave the boat for a neighboring house , and knowing he must return a certain way , accused waited for him to return . Tings ...
... deceased at his boat on the river , making preparations to leave , and went down to arrest him . Seeing him leave the boat for a neighboring house , and knowing he must return a certain way , accused waited for him to return . Tings ...
Page 92
... deceased , that he went upon the bank of the river , having reason to expect the deceased would come by said place , and there the defendant laid in wait for the deceased , and if they are further satisfied from the evidence in the ...
... deceased , that he went upon the bank of the river , having reason to expect the deceased would come by said place , and there the defendant laid in wait for the deceased , and if they are further satisfied from the evidence in the ...
Page 93
... deceased . It would show that he was , on the other hand , properly informed . In a case of conflict of testimony , we are en- titled to the benefit of the probability that defendant acted as in- structed . It was not deceased was ...
... deceased . It would show that he was , on the other hand , properly informed . In a case of conflict of testimony , we are en- titled to the benefit of the probability that defendant acted as in- structed . It was not deceased was ...
Page 95
... deceased at the time , and a reasonable doubt whether the killing was necessary or not should secure the ac- quittal of the officer . Tried by these views , the jury was wrongly instructed . The first instruction for the state is an ...
... deceased at the time , and a reasonable doubt whether the killing was necessary or not should secure the ac- quittal of the officer . Tried by these views , the jury was wrongly instructed . The first instruction for the state is an ...
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Common terms and phrases
53 Miss 64 Miss action agent alleged amendment appellee apply assignment attachment authorities bank bill bond Brief for appellant carrying concealed weapons cause chancery court charge circuit court claim commissioners complainant contract contributory negligence Copiah county counsel creditors damages debt deceased declaration decree deed defendant delivered the opinion demurrer dollars easement entitled error evidence execution exempt facts filed fraud garnishee Gattman held husband indictment injury instructions issue Judge judgment jurisdiction jury land landlord levee board liable lien ment mortgage motion negligence offense owner paid Panola county parties passengers payment person plaintiff plea plead possession proceedings proof purchaser railroad company reason receipt recover rent replevin Samuel Houston secure sold Statement statute statute of frauds street suit supersedeas bond sustained tax-title taxes tenant testimony tion train trial trust trust-deed verdict void WARREN COWAN witness
Popular passages
Page 31 - ... nor for omitting to state the time at which the offence was committed in any case where time is not of the essence of the offence, nor for stating the time imperfectly, nor for stating the offence to have been committed on a day subsequent to the finding of the indictment, or on an impossible day, or on a day that never happened...
Page 315 - The court therefore instructs the jury that, although they may believe, from the evidence, that the...
Page 291 - Further dividends shall be made in like manner as often as occasion requires; And after the third meeting of creditors no further meeting shall be called, unless ordered by the court. If at any time there shall be in the hands of the assignee any outstanding debts or other property, due or belonging to the estate, which...
Page 200 - It is a well settled rule, found in all the text-writers upon evidence, that a witness cannot be cross-examined as to any fact which is collateral and irrelevant to the issue, merely for the purpose of contradicting him by other evidence, if he should deny it, thereby to discredit his testimony.
Page 832 - The first section of the statute enacts "that all railway companies carrying passengers in their coaches in this state, shall provide equal but separate accommodations for the white, and colored races, by providing two or more passenger coaches for each passenger train, or by dividing the passenger coaches by a partition so as to secure separate accommodations: provided, that this section shall not be construed to apply to street railroads.
Page 237 - ... unless the agreement upon which such action shall be brought, or some memorandum or note thereof shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Page 292 - ... which cannot be collected and received by the assignee without unreasonable or inconvenient delay or expense, the assignee may, under the direction of the court, sell and assign such debts or other property in...
Page 666 - Congress to make express regulations is equivalent to indicating its will that the subject shall be left free ; that in the matter of interstate commerce the United States are but one country, and are and must be subject to one system of regulations, and not to a multitude of systems...
Page 52 - The principle seems to us to be that, in contracts in which the performance depends on the continued existence of a given person or thing, a condition is implied that the impossibility of performance arising from the perishing of the person or thing shall excuse the performance...
Page 270 - ... 1. There must have been a false representation or a concealment of material facts ; 2. The representation must have been made with knowledge of the facts; 3. The party to whom it was made must have been ignorant of the truth of the matter; 4. It must have been made with the intention that the other party should act upon it; 5. The other party must have been induced to act upon it": Bigelow on Estoppel, 3d ed., 484.