Reports of Cases Argued and Determined in the Supreme Court of Tennessee, During the Years 1839 [to 1851]: 1846/1847J. Geo. Harris, 1847 - Law reports, digests, etc |
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Page 16
... execution , and not from the witness . 2. Where a witness is examined , he is entitled to his fees , though he be incompetent . His incompetency may be waived , or his interest released ; and it does not follow that he was not examined ...
... execution , and not from the witness . 2. Where a witness is examined , he is entitled to his fees , though he be incompetent . His incompetency may be waived , or his interest released ; and it does not follow that he was not examined ...
Page 27
... execution , in said county of Sevier , " and he read in support of said motion the affidavit of Cate , stating these facts . This motion was overruled , and judgment rendered for plain- tiffs , from which defendants appealed . Welcker ...
... execution , in said county of Sevier , " and he read in support of said motion the affidavit of Cate , stating these facts . This motion was overruled , and judgment rendered for plain- tiffs , from which defendants appealed . Welcker ...
Page 59
... execution on a delivery bond , should state that the slave was delivered , or it will be dismissed on motion . 2. A petitioner for a supersedeas against an execution on a delivery bond , having stated that the slave levied on was his ...
... execution on a delivery bond , should state that the slave was delivered , or it will be dismissed on motion . 2. A petitioner for a supersedeas against an execution on a delivery bond , having stated that the slave levied on was his ...
Page 60
... execution against him should have been quashed on his motion , because the return upon it was insufficient to ... execution to be issued against the original execution debtor , and the surety in the delivery bond . The petition ...
... execution against him should have been quashed on his motion , because the return upon it was insufficient to ... execution to be issued against the original execution debtor , and the surety in the delivery bond . The petition ...
Page 61
... execution and sale of the property of the surety will be good and valid , notwithstanding the principal has property that might have been seized . It is insisted the application to amend the sheriff's return , ( having been made after ...
... execution and sale of the property of the surety will be good and valid , notwithstanding the principal has property that might have been seized . It is insisted the application to amend the sheriff's return , ( having been made after ...
Common terms and phrases
action aforesaid alledged amount answer appears assignment assumpsit Attorney Bank bill of indictment bond Caperton cause Chancellor Chancery Court charge Circuit Court claim Clerk complainant contract conveyance County Court Court of Chancery court of equity creditors Davidson county debt debtor deceased declaration decree deed of trust defendant in error delivered the opinion dollars Dotson endorser entitled equity evidence Ex'r execution executor facts favor fendant filed fraud fraudulent heirs husband intended issue John Judge judgment jurisdiction jury land levied liability lien Malinda Williams ment mortgage negroes nolle prosequi non est factum offence owner paid parties payment person plaintiff in error plea pleaded possession prisoner probate proof proved purchaser question rendered rent says sheriff slave sold Spiers statute of limitations suit surety Tennessee term testator tion trial TURLEY validity verdict void wife William witness Yerg
Popular passages
Page 146 - No person or persons, belonging to one of these departments, shall exercise any of the powers properly belonging to either of the others, except in the cases herein expressly directed or permitted.
Page 170 - That nothing in this act contained shall be construed to annul, destroy, or impair any lawful rights of married women, or minors, or any liens, mortgages, or other securities on property, real or personal, which may be valid by the laws of the States respectively, and which are not inconsistent with the provisions of the second and fifth sections of this act.
Page 170 - All persons whatsoever, residing in any State, District or Territory of the United States, owing debts which shall not have been created in consequence of a defalcation as a public officer...
Page 251 - Columbia, laborer, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil...
Page 253 - ... that he had not formed or expressed an opinion as to the guilt or innocence of the prisoner at the bar.
Page 96 - Ford.] after the image of the Creator. He has mental capacities, and an immortal principle in his nature, that constitute him equal to his owner, but for the accidental position in which fortune has placed him.
Page 540 - Cases in which the guaranty or promise is collateral to the principal contract, but is made at the same time, and becomes an essential ground of the credit given to the principal or direct debtor. Here, as we have already seen, is not, nor need be, any other consideration than that moving between the creditor and original debtor.
Page 621 - Have you heard anything of this case, so as to make up your mind? " " Do you feel any bias or prejudice for or against the prisoner at the bar? " Parker, J., Selfridge's Trial. Pamphlet, p. 9. " Have you formed and expressed an opinion of the guilt or innocence of the prisoner?
Page 538 - I have already alluded, is when the promise to pay the debt of another arises out of some new and original consideration of benefit or harm moving between the newly contracting parties.
Page 622 - It seems now conceded, that when the court can pronounce the contract to be to the infant's prejudice, it is void, and when to his benefit, as for necessaries, it is good ; and when the contract is of an uncertain nature, as to benefit or prejudice, it is voidable at the election of the infant.