Cases Argued and Decided in the Supreme Court of Mississippi ..., Volume 2Mississippi. Supreme Court, Thomas Alexander Marshall, William C. Smedes, Volney Erskine Howard, Robert John Walker, John Franklin Cushman, James Zachariah George E.W. Stephens Publishing Company, 1839 - Law reports, digests, etc Vol. 1 is a reprint of 1834 edition. |
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Common terms and phrases
action Adm'r administrator de bonis Aldermen of Vicksburg alleged amount appear Appellants appellee appointed assigned assumpsit authorised averment bill of exceptions bond cause chancery charge Chief Justice SHARKEY circuit court claim commissioners common law complainants contract counsel court erred court of chancery court of equity debts deceased declaration decree dedication defendant delivered the opinion demurrer detinue distributees dollars easement entitled evidence execution executor fact Gildart's grant ground heirs indictment intended intestate issue judge judgment jurisdiction jurors jury Justice SHARKEY delivered land liable lots M'Niel Mayor and Aldermen ment motion Newit Vick objection orphans overruled party payment person plaintiff in error plea pleaded probate court proof provision question record remedy Revised Code rule scire facias sheriff Smith statute of limitations suit sustained term testator testimony tion trial verdict Warren county Wilkinson county witness writ Yazoo county
Popular passages
Page 349 - If a day be appointed for payment of money, or part of it, or for doing any other act, and the day is to happen, or may happen, before the thing which is the consideration of the money, or other act, is to be performed, an action may be brought for the money, or for not doing such other act before performance ; for it appears that the party relied upon his remedy, and did not intend to make the performance a condition precedent; and so it is where no time is fixed for performance of that, which is...
Page 35 - The general rule in the exposition of all acts of Parliament is this, that in all doubtful matters, and where the expression is in general terms, they are to receive such a construction as may be agreeable to the rules of the common law in cases of that nature ; for statutes are not presumed to make any alteration in the common law further or otherwise than the act does expressly declare...
Page 483 - A corporation is an artificial being, invisible, intangible, and existing only in contemplation of law. Being the mere creature of law, it possesses only those properties which the charter of its creation confers upon it, either expressly or as incidental to its very existence.
Page 426 - BROWN delivered the opinion of the court. The bill in this case was...
Page 193 - Every law that takes away, or impairs, rights vested, agreeably to existing laws, is retrospective, and is generally unjust, and may be oppressive; and it is a good general rule, that a law should have no retrospect...
Page 349 - If a day be appointed for the payment of money, or part of it, or for doing any other act, and the day is to happen, or may happen, before the thing, which is the consideration of the money or other act is to be performed, an action may be brought for the money, or for not doing such other act before performance...
Page 251 - The general assembly shall. have power to establish, in each county within this State, a court of probate, for the granting of letters testamentary and of administration, and for orphans
Page 200 - ... contained, on his part and behalf to be performed, fulfilled, and kept, according to the tenor and effect...
Page 280 - Thus, in an action for words, as, for saying a man is a thief, the plaintiff has no occasion to aver that he is not a thief; and in an action...
Page 90 - And all the rest and residue of the said goods, chattels and credits which shall be found remaining upon the said administrator's account, the same being first examined and allowed...