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44 Miss accord and satisfaction action administrator affidavit alleged amount appeal appellee apply appointment attachment authority bond Brief for appellants cause certiorari chancellor chancery court Chickasaw County circuit court claim clerk Code common law complainant constitution contract conveyance conveyed court erred court of equity creditor crop cross bill curtesy debt debtor decree deed defendant in error delivered the opinion demurrer duty election estoppel evidence execution facts filed garnishee grant held husband Ibid indictment issue judgment jurisdiction jury justice land legislature levy liable lien ment mortgage motion Nancy Wilson notice overruling paid parties payment person plaintiff in error plea pleadings possession proceedings purchase money question record remedy rendered rule scire facias sheriff sold statute suit sureties sustained term thereof tion trial trust vacancy vendee vendor verdict void vote wife writ of assistance
Page 479 - By the law of the land is most clearly intended the general law ; a law which hears before it condemns ; which proceeds upon inquiry, and renders judgment only after trial.
Page 605 - The doctrine of implied municipal liability applies to all cases where money 01 other property of a party is received under such circumstances that the general law, independent of express contract, imposes the obligation upon the city to do justice with respect to the same.
Page 429 - ... 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.
Page 7 - The only exception to the rule is where the testator gives to the first taker an estate for life only, by certain and express words, and annexes to It a power of disposal.
Page 69 - No Senator or Member of Assembly, shall, during the term for which he shall have been elected, be appointed to any civil office of profit under this State, which shall have been created, or the emoluments of which shall have been increased during such term, except such offices as may be filled by elections by the people.
Page 520 - For as a conflict between the statute and the constitution is not to be implied, it would seem to follow, where the meaning of the constitution is clear, that the court, if possible, must give the statute such a construction as will enable it to have effect.
Page 444 - ... the plaintiff must recover, if, at all, upon the strength of his own title, and not upon the weakness of that of the defendant.
Page 257 - It is well settled that accord and satisfaction is the substitution of another agreement between the parties in satisfaction of the former one, and an execution of the latter agreement.
Page 229 - The general rule, that the plaintiff in ejectment must recover upon the strength of his own title, and not on the weakness of that of his adversary, is well understood.
Page 98 - In cases of this nature, you should take it as a general principle, that where a man in whose possession stolen property is found, gives a reasonable account of how he came by it, as by telling the name of the person from whom he received it, and who is known to be a real person, it is incumbent on the prosecutor to show that that account is false ; but if the account given by the prisoner be unreasonable or improbable on the face of it...