Mississippi Reports ... Being Cases Argued and Decided in the Supreme Court of Mississippi, Volum 27E.W. Stephens Publishing Company, 1855 |
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Vanlige uttrykk og setninger
action administrator admitted alleged amount answer appears appellant appellee assigned authority Bank bill of review bond certificate charge circuit court claim complainant contract counsel court of chancery court of equity creditors debt deceased declaration decree deed defendant in error delivered the opinion demurrer domicil entitled et ux evidence execution executor facts Farr feme covert filed fraud granted heirs held Hinds county husband Hutch indorser interest intestate issue judge judgment jurisdiction jury Justice HANDY delivered Kemper county land liable lien ment mortgage Moses Ridley Murphy negroes Nevitt objection paid party payment person plaintiff in error plea Porter possession probate court proceedings proof proved purchase purchase-money question record recover rendered rule sheriff Shotwell slaves sold statute suit superior court sustained testimony Tiffany & Co tion trial trust valid verdict void wife witness writ of error Yazoo county Yeizer
Populære avsnitt
Side 218 - That no man, or set of men, are entitled to exclusive or separate emoluments or privileges from the community, but in consideration of public services; which not being descendible, neither ought the offices of Magistrate, Legislator, or Judge, to be hereditary.
Side 892 - In a strict and legal sense that is properly the domicil of a person where he has his true, fixed, permanent home and principal establishment, and to which, whenever he his absent, he has the intention of returning (animus revertendi) (a).
Side 85 - ... they are not restricted in giving damages to the actual positive injury sustained by the plaintiff, but may give such exemplary damages if any, as in their opinion are called for and justified, in view of all the circumstances in this case, to render reparation to the plaintiff, and act as an adequate punishment to the defendant.
Side 238 - Every case must be governed by its own circumstances ; and as these are as diversified as the names of the parties, the court must exercise a sound discretion on the subject. Whilst parties should not be subjected to expense and inconvenience, in litigating matters in which they have no interest, multiplicity of suits should be avoided, by uniting in one bill all who have an interest in the principal matter in controversy, though the interests may have arisen under distinct contracts.
Side 713 - In general terms, one may be designated as an inhabitant of that place which constitutes the principal seat of his residence, of his business, pursuits, connections, attachments, and of his political and municipal relations.
Side 402 - No decree shall be reversed, altered, or explained, being once under the great seal, but upon bill of review; and no bill of review shall be admitted, except it contain either error in law, appearing in the body of the decree, without further examination of matters in fact, or some new matter...
Side 414 - In all the books upon equity pleading and practice, it is laid down as an established principle, that a bill of review, for errors apparent upon the face of the record, will...
Side 390 - ... and the same shall be conclusive evidence of itself in favor of such bankrupt, unless the same shall be impeached for some fraud or wilful concealment by him of his property or rights of property, as aforesaid, contrary to the provisions of this act, on prior reasonable notice specifying in writing such fraud or concealment...
Side 751 - Where" the party intentionally, or by design, misrepresents a material fact, or produces a false impression, in order to mislead another, or to entrap or cheat him, or to obtain an undue advantage of him ; in every such case there is a positive fraud, in the truest sense of the terms ; there is an evil act, with an evil intent; dolum malum, ad circumveniendum.
Side 415 - The bill may also, if the original suit has become abated, be at the same time a bill of revivor. A supplemental bill may likewise be added, if any event has happened which requires it; and particularly if any person not a party to the original suit becomes interested in the subject he must be made a party to the bill of review by way of supplement.