Reports of Cases Argued and Determined in the Supreme Court of Alabama, Volumen2D. Ferguson, printer, 1832 |
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Resultados 1-5 de 39
Página 34
... constitution of Alabama , is in the following words ; viz : " In case any bank or branch bank shall neg- lect or refuse to pay , on demand , any bill , note or obliga- tion , issued by the corporation according to the promise . therein ...
... constitution of Alabama , is in the following words ; viz : " In case any bank or branch bank shall neg- lect or refuse to pay , on demand , any bill , note or obliga- tion , issued by the corporation according to the promise . therein ...
Página 35
... penal a statute . But it is to be supposed , that the Legislature intended that the act should conform to the provisions of the constitution JULY 1829 . The State Tombeckbee Bank . 6 Cowen SUPREME COURT OF ALABAMA , 85.
... penal a statute . But it is to be supposed , that the Legislature intended that the act should conform to the provisions of the constitution JULY 1829 . The State Tombeckbee Bank . 6 Cowen SUPREME COURT OF ALABAMA , 85.
Página 62
... constitutional way , and the whole legislative functions will be swallowed up by the judiciary . The legislative and judicial departments have distinct duties to perform . The Legislature can alone make the law , and it is the exclusive ...
... constitutional way , and the whole legislative functions will be swallowed up by the judiciary . The legislative and judicial departments have distinct duties to perform . The Legislature can alone make the law , and it is the exclusive ...
Página 126
... Constitution of the United States , and the act of Congress . The act of Con- gress makes no distinction between proceedings exparte , and those that are not so ; then how can any sound argu- ment be drawn , to establish that it shall ...
... Constitution of the United States , and the act of Congress . The act of Con- gress makes no distinction between proceedings exparte , and those that are not so ; then how can any sound argu- ment be drawn , to establish that it shall ...
Página 153
... Constitution of the United States , Art . 4. Sec 1. " That full faith and credit shall be given in each State , to the public acts , records and judicial proceedings of every other State ; and that Congress may , by general laws ...
... Constitution of the United States , Art . 4. Sec 1. " That full faith and credit shall be given in each State , to the public acts , records and judicial proceedings of every other State ; and that Congress may , by general laws ...
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Términos y frases comunes
action administrator admitted agreement alleged amount answer appear appellant appellee assigned for error assumpsit authority bank Bibb bond branch bank cause certificate Chancery charged Circuit Court common law complainant consideration contract counsel County Court Court of equity creditors Darien debt debtor decision declaration decree deed defendant demurrer election equity evidence execution fact favor firm fraud fraudulent given indorsement intended interest issue JANUARY John John Lucas judgment JULY jurisdiction jury land Laws of Ala Lecatt liable Lucas Marengo county ment ne exeat negroes notice objection opinion paid parties payment person Pettus plaintiff in error plea pleaded possession principle proceedings promise proof prove purchase question Rapelye record recover rendered reversed rule SAFFOLD scire facias seal sheriff shew shewn statute statute of frauds sued sufficient suit sustained term tiel tion trial trust usury vendor void witness writ of error
Pasajes populares
Página 361 - The inhabitants of the said territory, shall always be entitled to the benefits of the writ of habeas corpus, and of the trial by jury; of a proportionate representation of the people in the legislature, and of judicial proceedings according to the course of the common law.
Página 87 - Morrell of the first part, and the town of North Hempstead in Queens County and State of New York, of the second part, witnesseth, that the said parties of the first part for and in consideration of the sum of one dollar lawful money of the United States of America, to them in hand paid by the said party of the second part, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged...
Página 143 - Where a law is plain and unambiguous, whether it be expressed in general or limited terms, the Legislature should be intended to mean what they have plainly expressed, and consequently no room is left for construction.
Página 310 - Where a court has jurisdiction, it has a right to decide every question which occurs in the cause ; and whether its decision be correct or otherwise, its judgment, until reversed, is regarded as binding in every other court. But if it act without authority, its judgments and orders are regarded as nullities. They are not voidable, but simply void.
Página 25 - no action shall be brought whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person, unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Página 238 - Every male person subject to none of the foregoing disqualifications, who shall have attained the age of twenty-one years, and who shall be a citizen of the United States, and...
Página 239 - In all criminal prosecutions the accused shall enjoy the right to be heard by himself and counsel; to demand the nature and cause of the accusation against him; to meet the witnesses face to face; to have compulsory process to compel the attendance of witnesses in his behalf; and in prosecutions by indictment, or information, to a speedy public trial by an impartial jury of the county or district wherein the offense shall have been committed; which county or district shall have been previously ascertained...
Página 315 - To give any binding effect to a judgment, it is essential that the court should have jurisdiction of the person, and of the subject matter; and the want of jurisdiction is a matter that may always be set up against a judgment, when sought to be enforced, or when any benefit is claimed under it. The want of jurisdiction makes it utterly void and unavailable for any purpose.
Página 206 - The test," says Judge Duncan in Swan v. Scott, 11 Serg. & R. 164, "whether a demand connected with an illegal transaction is capable of being enforced at law, is whether the plaintiff requires the aid of the illegal transaction to establish his case.
Página 88 - ... have granted, bargained, sold, assigned, transferred and set over, and by these presents do grant, bargain...