Mississippi Reports ... Being Cases Argued and Decided in the Supreme Court of Mississippi, Volume 37E.W. Stephens Publishing Company, 1860 - Law reports, digests, etc |
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Page 29
... fact they may be , and are conclu- sive until regularly reversed . These principles appear to have re- ceived universal sanction , and have repeatedly been recognized by this court . Byrd v . State , 1 How . 173 ; Gildart v . Stark , Ib ...
... fact they may be , and are conclu- sive until regularly reversed . These principles appear to have re- ceived universal sanction , and have repeatedly been recognized by this court . Byrd v . State , 1 How . 173 ; Gildart v . Stark , Ib ...
Page 41
... fact , in the case of Pintard's Lessee v . Griffing , 3 George , 136 , the principle is recognized , that in an action of ejectment the action may abate as to one plaintiff who has died , and proceed as to the other , without reviving ...
... fact , in the case of Pintard's Lessee v . Griffing , 3 George , 136 , the principle is recognized , that in an action of ejectment the action may abate as to one plaintiff who has died , and proceed as to the other , without reviving ...
Page 47
... facts and acts " prescribed by law , must first happen in each particular case , and be judiciously ascertained of ... fact existed , and every act had been done , which was necessary 4 Root et al . v . McFerrin . to give APRIL TERM ...
... facts and acts " prescribed by law , must first happen in each particular case , and be judiciously ascertained of ... fact existed , and every act had been done , which was necessary 4 Root et al . v . McFerrin . to give APRIL TERM ...
Page 48
... facts , upon which to found its action . It is hence called " original , " because begin- ning with its constitution , and not attaching after the happening of some event or fact , which calls its power into being . It is called ...
... facts , upon which to found its action . It is hence called " original , " because begin- ning with its constitution , and not attaching after the happening of some event or fact , which calls its power into being . It is called ...
Page 51
... fact that such a deed , although invalid , was executed , should that fact be a matter of controversy , as it is evidence of any other fact which it tends to establish when such fact is the matter in issue . Hence , under the plea of ...
... fact that such a deed , although invalid , was executed , should that fact be a matter of controversy , as it is evidence of any other fact which it tends to establish when such fact is the matter in issue . Hence , under the plea of ...
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Common terms and phrases
31 Miss accused action administrator admitted adverse possession alleged appears appellee Attala county authority bill bond Bridault chancery charge Circuit Court cited claim clause Code common law complainant condition Constitution contract court of chancery court of equity debts deceased declared decree deed defendant in error delivered the opinion demurrer emancipation entitled equity evidence executed executor fact filed Fleet Magee fraud heirs held Hinds county indictment instruction intended interest intestate issue judge judgment jurisdiction juror jury land legatee liable Loggins ment Mississippi Mississippi Central Railroad Mitchell negro objection offence overruled owner paid party payment person plaintiff in error plea pleaded Pontotoc county principle prisoner Probate Court proceeding proof provisions purchase purchase-money question record refused rendered rule slaves Statute of Limitations sued suit surety testator testimony tion trial trust validity vendee verdict vested void wife witness
Popular passages
Page 267 - On the contrary, they were at that time considered as a subordinate and inferior class of beings, who had been subjugated by the dominant race, and whether emancipated or not, yet remained subject to their authority, and had no rights or privileges but such as those who held the power and the government might choose to grant them.
Page 249 - States legal tender notes. And when any of said notes may be redeemed or be received into the Treasury under any law from any source whatever and shall belong to the United States, they shall not be retired...
Page 230 - They had for more than a century before been regarded as beings of an inferior order, and altogether unfit to associate with the white race, either in social or political relations ; and so far inferior that they had no rights which the white man was bound to respect ; and that the negro might justly and lawfully be reduced to slavery for his benefit.
Page 49 - ... public trial by an impartial jury. He shall not be compelled to give evidence against himself, nor be deprived of life, liberty, or property, but by due course of law.
Page 267 - ... in the Constitution, and can therefore claim none of the rights and privileges which that instrument provides for and secures to citizens of the United States.
Page 324 - And these may be reduced to three principal or primary articles ; the right of personal security, the right of personal liberty and the right of private property...
Page 53 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Page 230 - In the opinion of the court, the legislation and histories of the times, and the language used in the Declaration of Independence show, that neither the class of persons who had been imported as slaves, nor their descendants, whether they had become free or not, were then acknowledged as part of the people, nor intended to be included in the general words used in that memorable instrument.
Page 238 - International Law, as understood among civilized nations, may be defined as consisting of those rules of conduct which reason deduces, as consonant to justice, from the nature of the society existing among independent nations ; with such definitions and modifications as may be established by general consent.
Page 30 - The granting the license to sell is an adjudication upon all the facts necessary to give jurisdiction, and whether they existed or not, is wholly immaterial, if no appeal is taken ; the rule is the same whether the law gives an appeal or not: if none is given from the final decree, it is conclusive on all whom it concerns.