Reports of Cases Argued and Determined in the Supreme Court of Tennessee, Volume 1Jones, Purvis, 1870 - Law reports, digests, etc |
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Results 1-5 of 87
Page 23
... held to indicate that as the leading process in the case . 2 SAME . Service . Judgment by default without . There being no service of the summons in such case , a judgment by default without appear- ance is void . 3. AMENDMENT . An ...
... held to indicate that as the leading process in the case . 2 SAME . Service . Judgment by default without . There being no service of the summons in such case , a judgment by default without appear- ance is void . 3. AMENDMENT . An ...
Page 28
... held by this Court that the only office of the ancillary attachment is to hold the property attached , for the satisfaction of the judgment , which may be rendered . It does not bring the party into court . The judicial attachment , in ...
... held by this Court that the only office of the ancillary attachment is to hold the property attached , for the satisfaction of the judgment , which may be rendered . It does not bring the party into court . The judicial attachment , in ...
Page 40
... held void . 2. COSTS IN CHANCERY . Bond . Surety liable on reversal . Complainant gave bond conditioned to prosecute with effect , or to pay the costs that may be decreed by the Chancery Court , on his prosecuting his suit there with ...
... held void . 2. COSTS IN CHANCERY . Bond . Surety liable on reversal . Complainant gave bond conditioned to prosecute with effect , or to pay the costs that may be decreed by the Chancery Court , on his prosecuting his suit there with ...
Page 62
... held that even in friendly territory , the right exists under the gen- eral powers of the Government ; and that the military commander is the proper judge of the necessity , and can- not be held responsible , in a civil tribunal ; and ...
... held that even in friendly territory , the right exists under the gen- eral powers of the Government ; and that the military commander is the proper judge of the necessity , and can- not be held responsible , in a civil tribunal ; and ...
Page 64
... held that , during the existence of the civil war between Spain and her colonies , and pre- vious to the acknowledgement of the independence of the latter by the United States , the colonies were deemed by us , belligerent nations , and ...
... held that , during the existence of the civil war between Spain and her colonies , and pre- vious to the acknowledgement of the independence of the latter by the United States , the colonies were deemed by us , belligerent nations , and ...
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Common terms and phrases
action Adm'r affidavit alleged amount answer appeal in error attachment attorney bill of exceptions bond cause Chancellor Chancery Court charge Circuit Court Circuit Judge cited Clerk Code Cold complainant Confederate money contract conveyance County court of equity creditors DEADERICK debt declaration decree deed defendant in error delivered the opinion demurrer dollars entitled equity error coram nobis evidence execution fact fendant filed George W Government Greene County Greeneville held insisted issue James John Joseph judgment jurisdiction jury Justice land liability lien MCFARLAND ment motion paid party payment person plainant plaintiff in error plea pleadings presiding proof purchase money question R. M. BARTON rebel record remanded replevin reversed rule Scruggs service of process Smith Sneed sold soldiers Southern Express Company statute suit surety term testator testimony tion tract trespass trial verdict void wife William witness writ of error
Popular passages
Page 516 - that the laws of the several States, except where the Constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases where they apply.
Page 54 - Hence, in organizing this rebellion, they have acted as States claiming to be Sovereign over all persons and property within their respective limits, and asserting a right to absolve their citizens from their allegiance to the Federal Government.
Page 719 - Story says, if the mistake is made out of proofs entirely satisfactory, equity will reform the contract so as to make it conform to the precise intent of the parties; but if the proofs are doubtful and unsatisfactory, and the mistake is not made entirely plain, equity will withhold relief, upon the ground that the written paper ought to be treated as a full and correct expression of the intent, until the contrary is established beyond reasonable controversy.
Page 271 - Without considering any of the other questions which have been argued, we reverse the judgment and Remand the cause for a new trial.
Page 123 - They bore, indeed, this character upon their face, for they were made payable -after the ratification of a treaty of peace between the Confederate States and the United States of America.
Page 718 - ... violates the manifest intention of the parties to the agreement, equity will correct the mistake so as to produce a conformity of the instrument to the agreement.
Page 136 - Contracts stipulating for payments in this currency cannot be regarded for that reason only as made in aid of the foreign invasion in the one case, or of the domestic insurrection in the other. They have no necessary relations to the hostile government, whether invading or insurgent. They are transactions in the ordinary course of civil society, and, though they may indirectly and remotely promote the ends of the unlawful government, are without blame, except when proved to have been entered into...
Page 136 - ... insurgent. They are transactions in the ordinary course of civil society, and, though they may indirectly and remotely promote the ends of the unlawful government, are without blame, except when proved to have been entered into with actual intent to further invasion or insurrection. We cannot doubt that such contracts should be enforced in the courts of the United States, after the restoration of peace, to the extent of their just obligation.
Page 60 - The United States acknowledge and protect, in hostile countries occupied by them, religion and morality ; strictly private property ; the persons of the inhabitants, especially those of women ; and the sacredness of domestic relations. Offences to the contrary shall be rigorously punished.
Page 693 - ... and reverence ever after. They who protected the weakness of our infancy are entitled to our protection in the iiiflrmity of their age.