Mississippi Reports ... Being Cases Argued and Decided in the Supreme Court of Mississippi, Volumen13E.W. Stephens Publishing Company, 1846 |
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Términos y frases comunes
action Adams county administrator admitted alleged amount answer appears appellee appointed assumpsit attorney avers award bank bill of exceptions bond chancellor charge circuit court claim commissioners common law complainant contract court of chancery court of equity creditors Daniel Burnett debt declaration decree defendant in error delivered the opinion demurrer dollars dower entitled equity evidence execution executor fact filed fraud given Govan granted heir indorser insolvent issue John judge judgment jurisdiction jury land liable lien McRaven ment Mississippi negroes notice overruled paid parties payable payment person petition Pinckard plaintiff in error plea plead possession probate court promise promissory note proof proved purchase-money purchaser question record refused rule sheriff Silverberg slaves sold statute stockholder sued suit term testator testimony tion trial usufruct verdict Whiting & Slack witness writ of error Yazoo county
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Página 215 - And the said records and exemplifications, authenticated as aforesaid, shall have such faith and credit given to them in every court and office within the United States, as they have by law or usage in the courts or offices of the state from whence the same are or shall be taken.
Página 280 - We may lay it down as a broad general principle, that, wherever one of two innocent persons must suffer by the acts of a third, he who has enabled such third person to occasion the loss must sustain it.
Página 446 - During the existence of the corporation it is the sole property of the corporation, and can be applied only according to its charter, that is, as a fund for payment of its debts, upon the security of which it may discount and circulate notes. Why otherwise is any capital stock required by our charters?
Página 447 - ... security of which it may discount and circulate notes. Why, otherwise, is any capital stock required by our charters? If the stock may, the next day after it is paid in, be withdrawn by the stockholders without payment of the debts of the corporation, why is its amount so studiously provided for, and its payment by the stockholders so diligently required?
Página 465 - ... any fact which clearly proves it to be against conscience to execute a judgment, and of which the injured party could not have availed himself in a Court of law ; or of which he might have availed himself at law, but was prevented by fraud or accident unmixed with any fault or negligence in himself or his agents, will justify an application to a Court of Chancery.
Página 446 - It appears to me very clear upon general principles, as well as the legislative intention, that the capital stock of banks is to be deemed a pledge or trust fund for the payment of the debts contracted by the bank.
Página 307 - If a plea begin with an answer to the whole declaration, but in truth the matter pleaded is only an answer to part, the whole plea is bad, and the plaintiff may demur. But if a plea begin only as an answer to part, and is in truth but an answer to part...
Página 227 - ADMINISTRATOR of all and singular the goods and chattels, rights and credits...
Página 491 - The term has acquired an appropriate meaning, and " bills of credit" signify a paper medium intended to circulate between individuals, and between government and individuals, for the ordinary purposes of society.
Página 786 - So, where the defendant Pleaded a grant of a rent, out of a term of years, and proceeded to allege that, by virtue thereof, he was seized in his demesne, as of freehold, for the term of his life, the Plea was held bad for...