Reports of Cases Argued and Determined in the Supreme Court of Alabama, Volumen100 |
Otras ediciones - Ver todas
Términos y frases comunes
action Affirmed agent agreement Alabama Alabama Midland Railway alleged amended amount answer APPEAL appellee assignment Attorney-General authority averred bank bill Birmingham bond Bullock cause Chancery Court charge Circuit Court City Court claim Code Company complainant contest contract contributory negligence creditors damages debt deceased declared decree deed defendant defendant's demurrer detinue duly excepted duty election engine equity error evidence ex rel execution facts fendant filed fraud garnishee ground guilty Hooper & Co indictment injury intent intestate issue J. M. Carroll judgment jury believe land larceny liability lien ment Montgomery mortgage Moses Bros motion negligence objection opinion overruled paid parties payment person petitioner plaintiff plea Pollak possession probate proof purchase question quo warranto R. R. Co railroad reason recover refused rule shown statute sued sufficient suit Tannehill tending to show testator testified testimony thereof tion trial witness
Pasajes populares
Página 75 - ... or any kitchen, shop, barn, stable or other outhouse that is parcel thereof, or belonging to or adjoining thereto, whether the property of himself or of another, shall be guilty of Arson in the first degree, and upon conviction thereof, be sentenced to the penitentiary for not less than two nor more than twenty years.
Página 482 - ... is bound personally, or by an authorized agent, and with due diligence, to examine the pass-book and vouchers, and report to the bank without unreasonable delay any errors which may be discovered...
Página 457 - refused as a whole except as given," and the only exception to such refusal was in this language, "the defendant excepts to the refusal of the court to give the instructions requested by the defendant, being numbered 1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, 13, 14, 16, 17, and 21.
Página 351 - The rules respecting a purchaser without notice, are framed for the protection of him who purchases a legal estate, and pays the purchase money without knowledge of an outstanding equity. They do not protect a person who acquires no semblance of title. Even the purchaser of an equity is bound to take notice of any prior equity.
Página 405 - Whether the words amount to a condition or a limitation, or a covenant, may be matter of construction depending on the contract. The intention of the party to the instrument, when clearly ascertained, is of controlling efficacy; though conditions and limitations are not readily to be raised by mere inference and argument.
Página 183 - Respondent moved for a new trial on the grounds that the verdict was contrary to the weight of the evidence, that it was a compromise verdict, and that the damages allowed were inadequate.
Página 97 - It is not a mere possible doubt; because everything relating to human affairs, and depending on moral evidence, is open to some possible or imaginary doubt.
Página 653 - When the language is not only plain but admits of but one meaning, the task of interpretation can hardly be said to arise.
Página 193 - Where after the commencement of this act personal injury is caused to a workman (1) By reason of any defect in the condition of the ways, works, machinery, or plant connected with or used in the business of the employer...
Página 397 - ... which the law tacitly annexes to every feodal donation. 2. An estate on condition expressed in the grant itself is where an estate is granted, either in fee-simple or otherwise, with an express qualification annexed, whereby the estate granted shall either commence, be enlarged, or be defeated, upon performance or breach of such qualification or condition.