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 85
Page 2
... notice of special defenses . The case was tried on these issues , and plaintiff recovered a judgment , from which there was an appeal in error to this Court . The first question before us is , that this is not an account that may be ...
... notice of special defenses . The case was tried on these issues , and plaintiff recovered a judgment , from which there was an appeal in error to this Court . The first question before us is , that this is not an account that may be ...
Page 3
... notice of the fact , that the foundation of the suit is such an ac- count , in order that he may deny the correctness of the same on oath . We hold that the complainant should , in his declaration , allege that the account is an account ...
... notice of the fact , that the foundation of the suit is such an ac- count , in order that he may deny the correctness of the same on oath . We hold that the complainant should , in his declaration , allege that the account is an account ...
Page 7
... notice to him or to his attorney , to produce it , must be given . While there are some exceptions to this rule , we do not think that the fact that the bond was executed to the plaintiff in error , as an officer in an extinct organi ...
... notice to him or to his attorney , to produce it , must be given . While there are some exceptions to this rule , we do not think that the fact that the bond was executed to the plaintiff in error , as an officer in an extinct organi ...
Page 16
... notice is fatally defective which fails to show that the attachment had been issued , or that it had been levied , or the cause for which it had been issued . 3. SAME . Same . Levy of attachment must precede publication , 4. SAME . Same ...
... notice is fatally defective which fails to show that the attachment had been issued , or that it had been levied , or the cause for which it had been issued . 3. SAME . Same . Levy of attachment must precede publication , 4. SAME . Same ...
Page 17
... notice the ancillary attachment or the proceedings under the same , as that was abandoned by complainant and resort had to judicial attachment , un- der which the property levied on was ordered to be sold . Suffice it to say that , in ...
... notice the ancillary attachment or the proceedings under the same , as that was abandoned by complainant and resort had to judicial attachment , un- der which the property levied on was ordered to be sold . Suffice it to say that , in ...
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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.