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action admitted alleged allowed amount appellant application Argument assessment assignment attachment attorney authority cause challenge character charge circumstances claim common complaint conclusion consideration considered constitution contract counsel creditor damages Davis decided deed defendant denied district court dollars duty effect entered entitled error evidence execution express facts favor filed follows give given granted ground held hundred indictment instruction intent interest issue judge judgment juror jury land levy matter means ment mining mortgage motion murder necessary notice objection Opinion paid party payment person plaintiff possession presented proof proper prove purchase question reason received record recover refused respondent Rice rule statement statute sufficient suit sustained taken term testified testimony thousand tion trial true verdict Welter witness
Page 35 - ... 4. When the verdict has been decided by lot, or by any means other than a fair expression of opinion on the part of all the jurors; 5.
Page 146 - ... 1. To give upon their request, instructions to jury when deliberating on their verdict. "2. To receive a verdict or discharge a jury. "3. For the exercise of the powers of a magistrate in a criminal action, or in a proceeding of a criminal nature. "Injunctions and writs of prohibition may be issued and served on any day.
Page 318 - Parties may agree in writing for the payment of any rate of interest whatever on money due or to become due on any contract. Any judgment rendered on such contract shall conform thereto, and shall bear the interest agreed upon by the parties, and which shall be specified in the judgment.
Page 51 - There need he no appreciable space of time between the intention to kill and the act of killing — they may be as instantaneous as successive thoughts of the mind.
Page 440 - Every contractIng party has an absolute right to rely on the express statement of an existing fact, the truth of which is known to the opposite party and unknown to him, as the basis of a mutual engagement; and he Is under no obligation to investigate or verify statements, to the truth of which the other party to the contract, with full means of knowledge, has deliberately pledged his faith.
Page 503 - Court instructed the jury as follows: " If the jury believe, from the evidence, that...
Page 396 - ... granted a new trial upon the ground, among others, that the verdict was contrary to the evidence.
Page 17 - ... objection to the record affecting the right of the appellant to be heard on the points of error assigned, which might be cured on suggestion of diminution of the record, must be taken at the first term after the transcript is filed, and must be noted in the written or the printed points of the respondent, and filed at least one day before the argument, or they will not be regarded.
Page 38 - The killing being proved, the burden of proving circumstances of mitigation, or that justify or excuse the homicide, will devolve on the accused, unless the proof on the part of the prosecution sufficiently manifests that the crime committed only amounts to manslaughter, or that the accused was justified or excused in committing the homicide.