Virginia Reports: Jefferson--33 Grattan, 1730-1880Michie Company, 1902 - Law reports, digests, etc |
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Common terms and phrases
action adm'r administrator Alexander Macaulay alleged amended amount appears appellee Armstead assets attorney bill bond cause cents chancery charged Circuit court claim Code commissioner common law contract Corbin Griffin County court court of equity creditor damages Dandridge death debt due debtor deceased declaration decree deed of trust defendant demurrer Dismal Swamp Land dollars entitled evidence ex'or execution executor fact ferry filed Gratt ground held high sheriff Idem indictment injunction interest issue Jamieson Jerdone John judg judgment jurisdiction jury legatees Leigh lien Macaulay ment monographic note motion Munf murder offence opinion paid parties payment person plaintiff plaintiff in error plea pleaded prisoner proceedings proof prove purchase question Rand record rendered res judicata reversed S. E. Rep scire facias sheriff shew slaves statute suit sureties Tabb term testator thereof Thomas Griffin tion trial verdict Virginia wife William writ of error
Popular passages
Page 238 - It is undoubtedly settled law that a judgment of a court of competent jurisdiction, upon a question directly involved in one suit, is conclusive as to that question in another suit between the same parties.
Page 366 - It is that state of the case, which, after the entire comparison and consideration of all the evidence, leaves the minds of the jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge.
Page 239 - Such judgment or adjudication is final and conclusive, not only as to the matter actually determined, but as to every other matter which the parties might have litigated and have had decided, as incident to or essentially connected with the subject-matter of the litigation, and every matter coming within the legitimate purview of the original action, both in respect to matters of claim and of defence
Page 428 - A communication made bona fide upon any subject-matter In which the party communicating has an interest, or in reference to which he has a duty, is privileged if made to a person having a corresponding interest or duty, although it contain criminatory matter, which, without this privilege, would be slanderous and actionable...
Page 190 - IN every court there must be at least three constituent parts, the actor, reus, and judex : the actor, or plaintiff, who complains of an injury done; the reus, or defendant, who is called upon to make satisfaction for it ; and the judex, or judicial power, which is to examine the truth of the fact, to determine the law arising upon that fact, and, if any injury appears to have been done, to ascertain, and by its officers to apply the remedy.
Page 316 - That no man shall be compelled to frequent or support any religious worship, place or ministry whatsoever, nor shall be enforced, restrained, molested or burthened, in his body or goods, nor shall otherwise suffer on account of his religious opinions or belief; but that all men shall be free to profess, and by argument to maintain, their opinions in matters of religion, and that the same shall in no wise diminish, enlarge or affect their civil capacities.
Page 134 - License has issued now if there be no lawful cause to obstruct the said marriage then the above obligation to be void or else to remain in full force and virtue.
Page 37 - To exercise exclusive legislation in all cases whatsoever over such district, (not exceeding ten miles square), as may by cession of particular States, and the acceptance of Congress, become the seat of government of the United States.
Page 246 - In order that a judgment may constitute a bar to another suit it must be rendered in a proceeding between the same parties or their privies, and the point of controversy must be the same in both cases, and must be determined on its merits.
Page 129 - ... demurrer; yet if the issue joined be such as necessarily required on the trial proof of the facts so defectively or imperfectly stated or omitted, and without which it is not to be presumed that either the judge would direct the jury to give, or the jury would have given the verdict, such defect, imperfection, or omission, is cured by the verdict...