Mississippi Reports ... Being Cases Argued and Decided in the Supreme Court of Mississippi, Band 34E.W. Stephens Publishing Company, 1859 |
Inhalt
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Andere Ausgaben - Alle anzeigen
Häufige Begriffe und Wortgruppen
action administrator admitted Admr agreement alleged Ambrose Knox amount Andrew Knox answer appears appellant appellees bank Barnett bill of sale bond Canty Chancery Chancery Court charge Circuit Court claim complainant consideration contract conveyance conveyed Court of Chancery court of equity damages debtor debts declaration decree deed defendant in error delivered the opinion demurrer entitled equity evidence execution executor fact filed fraud fraudulent Garrett granted grantor heirs indorser intention interest issue John judge judgment jurisdiction jury land legal title letters testamentary liable marriage ment Mississippi Monroe county negroes notice object overruled paid parties payment person plaintiff in error plea pleadings possession principle Probate proof purchase purchase-money question Rankin county record recover rendered rule slaves sold South Carolina statute Statute of Limitations subsequent creditors sued suit surety sustained Taylor & Richardson testator tion trust valid void wife William Coppage witness
Beliebte Passagen
Seite 196 - The general principle in relation to contracts made in one place, to be executed In another, Is well settled. They are to be governed by the law of the place of performance; and If the interest, allowed by the laws of the place of performance...
Seite 22 - 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.
Seite 195 - The general rule, established ex comitate et jure gentium, is that the place where the contract is made, and not where the action is brought, is to be considered in expounding and enforcing the contract. But this rule admits of an exception, when the parties (at the time of making the contract) had a view to a different kingdom.
Seite 207 - The same idea had been expressed by Lord Mansfield in Robinson v. Bland, 2 Burr. 1077, 1078, 'the law of the place,' he said, 'can never be the rule where the transaction is entered into with an express view to the law of another country, as the rule by which it is to be governed.
Seite 501 - Upon a contract for a purchase, if the title proves bad, and the vendor Is (without fraud) Incapable of making a good one, I do not think that the purchaser can be entitled to any damages for the fancied goodness of the bargain, which he supposes he has lost.
Seite 194 - But where the contract is. either expressly or tacitly, to be performed in any other place, there the general rule is in conformity to the presumed intention of the parties that the contract, as to its validity, nature, obligation, and interpretation, is to be governed by the law of the place of performance.
Seite 196 - ... contracts are to be construed and interpreted according to the laws of the state in which they are made, unless, from their tenor, it is perceived that they were entered into with a view to the laws of some other state...
Seite 241 - No person shall, for the same offence, be twice put in jeopardy of life or limb ; nor shall any person's property be taken or applied to public use without the consent of the legislature, and without just compensation being first made therefor.
Seite 303 - ... introduced, for the simple reason, that no one fit for the rank of sheriff or magistrate would accept of office with an obligation to perform the duty of executioner in person.
Seite 288 - To be a part of the res gestae they must be made at the time of the act done, which they are supposed to characterize; they must be calculated to unfold the nature and quality of the acts which they are intended to explain; they must so harmonize with those facts as to form one transaction.