Reports of Cases Argued and Determined in the Supreme Court of Tennessee, Volume 1Jones, Purvis, 1870 - Law reports, digests, etc |
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Page 30
... Parties . An equitable title is subject to attach- ment , but to reach it , the bill must seek to attach it as an equity ; state the nature of the title ; and make the holder of the legal title a party . Code , ?? 2084 , 3500 . 2. SAME ...
... Parties . An equitable title is subject to attach- ment , but to reach it , the bill must seek to attach it as an equity ; state the nature of the title ; and make the holder of the legal title a party . Code , ?? 2084 , 3500 . 2. SAME ...
Page 38
... parties . The only neces- sary party was the debtor firm , of which Asa Bayless is made defendant by name . The other firms being credit- ors of McBurney Broyles & Co. , might or might not be made parties defendant , in the discretion ...
... parties . The only neces- sary party was the debtor firm , of which Asa Bayless is made defendant by name . The other firms being credit- ors of McBurney Broyles & Co. , might or might not be made parties defendant , in the discretion ...
Page 43
... party and his surety , in the discretion of the Chancellor . In that Court , a party becoming surety for costs , undertakes with reference to this discretionary power of the Chan- cellor , and is subject to its exercise , whether his ...
... party and his surety , in the discretion of the Chancellor . In that Court , a party becoming surety for costs , undertakes with reference to this discretionary power of the Chan- cellor , and is subject to its exercise , whether his ...
Page 45
... party who is justified . If timber was cut , and other property taken , by the advice of a citizen , he can not be held as a tres- passer , unless it appears that the act done was unlawful , and subjected the party advised to civil ...
... party who is justified . If timber was cut , and other property taken , by the advice of a citizen , he can not be held as a tres- passer , unless it appears that the act done was unlawful , and subjected the party advised to civil ...
Page 55
... parties , absolutely independent , and no longer acknowledging a common superior , the State is dissolved ; and the war between the two parties stands on the same ground , in every respect , as a public war between two different nations ...
... parties , absolutely independent , and no longer acknowledging a common superior , the State is dissolved ; and the war between the two parties stands on the same ground , in every respect , as a public war between two different nations ...
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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.