Cases Argued and Decided in the Supreme Court of Mississippi ..., Volume 102Mississippi. 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, 1913 |
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action agreed alleged amount appellee applied assessment attempt authority bank bill bond Brief for appellant carried cause cent charged circuit court cited claim Code committed complainants Constitution contention contract convicted counsel court crime damages decided decision decree deed defendant delivered demurrer district dollars duty effect election equity error evidence executed facts failed filed further give given granted held hold hundred indictment instruction intent interest issue judge judgment jurisdiction jury justice land legislature liable limit matter ment Miss Mississippi necessary opinion paid parties person plaintiff possession present purchase question reason received record reference removal rendered res adjudicata Reversed rule shown sold South statement statute submit suit sustained testimony tion trial true trust witness
Popular passages
Page 436 - The rule of the common law is, that where a party sustains a loss by reason of a breach of contract, he is, so far as money can do it, to be placed in the same situation, with respect to damages, as if the contract had been performed.
Page 831 - This case is decided upon an economic theory which a large part of the country does not entertain.
Page 811 - The liberty mentioned in that amendment means, not only the right of the citizen to be free from the mere physical restraint of his person, as by incarceration, but the term is deemed to embrace the right of the citizen to be free in the enjoyment of all his faculties; to be free to use them in all lawful ways; to live and work where he will; to earn his livelihood by any lawful calling; to pursue any livelihood or avocation, and for that...
Page 827 - ... the Constitution of the United States, which is necessarily and to a large extent inflexible and exceedingly difficult of amendment, should not be so construed as to deprive the States of the power to so amend their laws as to make them conform to the wishes of the citizens as they may deem best for the public welfare without bringing them into conflict with the supreme law of the land.
Page 430 - The damages must be such as may fairly be supposed to have entered into the contemplation of the parties when they made the contract, that is, must be such as might naturally be expected to follow its violation ; and they must be certain, both in their nature and in respect to the cause from which they proceed.
Page 831 - The liberty of the citizen to do as he likes so long as he does not interfere with the liberty of others to do the same...
Page 86 - The assured will take a complete itemized inventory of stock on hand at least once in each calendar year...
Page viii - First District, Second District, - - Third District, Fourth District, Fifth District, Sixth District, Seventh District, Eighth District, - - ' Ninth District, Tenth District, Eleventh District...
Page 823 - That all political power is vested in and derived from the people; that all government, of right, originates from the people, is founded upon their will only, and is instituted solely for the good of the whole.
Page 230 - ... 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.