Reports of Cases Argued and Determined in the Supreme Court of Tennessee, During the Years 1839 [to 1851]: 1848/1849

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Vol. 28, Tennessee Reports (9 Humphreys)
West H. Humphreys, Vol. IX (1850)
Decisions: 1848-49

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Page 665 - That all murder, which shall be perpetrated by means of poison, or by lying in wait, or by any other kind of wilful, deliberate and premeditated killing, or which shall be committed in the perpetration or attempt to perpetrate any arson, rape, robbery, or burglary, shall be deemed murder of the first degree ; and all other kinds of murder shall be deemed murder in the second degree...
Page 45 - No freeman shall be taken, or imprisoned, or be disseised of his freehold, or liberties, or free customs, or be outlawed or exiled, or any otherwise destroyed; nor will we pass upon him, nor condemn him, but by lawful judgment of his peers, or by the law of the land.
Page 46 - Law, that is, by indictment or presentment of good and lawful men, where such deeds be done in due manner, or by writ original of the Common Law.
Page 19 - Now the general principle on which this species of evidence is admitted is that they are declarations made in extremity, when the party is at the point of death, and when every hope of this world is gone; when every motive to falsehood is silenced, and the mind is induced by the most powerful considerations to speak the truth ; a situation so solemn and so awful is considered by the law as creating an obligation equal to that which is imposed by a positive oath administered in a court of justice.
Page 743 - No variance between the allegation in a pleading and the proof shall be deemed material unless it have actually misled the adverse party, to his prejudice, in maintaining his action or defense, upon the merits.
Page 264 - The General Assembly shall have power to authorize the several counties and incorporated towns in this State, to impose taxes for county and corporation purposes respectively, in such manner as shall be prescribed by law; and all property shall be taxed according to its value, upon the principles established in regard to State taxation.
Page 721 - The third section *of this act provides. " that writs of execution and other final process issued on judgments and decrees, rendered in any of the courts of the United States, and the proceedings thereupon shall be the same, except their style, in each State, respectively, as are now used in the courts of such State...
Page 515 - ... suit, judgment, or execution, had or made and contrived of malice, fraud, covin, collusion, or guile, to the intent or purpose, to delay, hinder, or defraud creditors of their just and lawful actions...
Page 778 - ... no person offered as a witness shall hereafter be excluded, by reason of incapacity from crime or interest (g), from giving evidence, either in person or by deposition...
Page 553 - ... as by the known usage of trade or the like, acquired a peculiar sense, distinct from the popular sense of the same words...

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