Reports of Cases Argued and Determined in the Supreme Court of Alabama, Volumen101 |
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Página 32
... averred in the bill , and defendant's acceptance thereof suffice to entitle complainant to recover for the work and labor done and materials furnished , even if it be conceded that the contract was not originally severable , and that ...
... averred in the bill , and defendant's acceptance thereof suffice to entitle complainant to recover for the work and labor done and materials furnished , even if it be conceded that the contract was not originally severable , and that ...
Página 35
... not sustained by evidence of simple negligence ; to authorize a recovery under such a count , it is necessary to prove the negligence as averred . [ Louisville & Nashville Railroad Co. v . Hurt . 1892-93 . ] 35 OF ALABAMA .
... not sustained by evidence of simple negligence ; to authorize a recovery under such a count , it is necessary to prove the negligence as averred . [ Louisville & Nashville Railroad Co. v . Hurt . 1892-93 . ] 35 OF ALABAMA .
Página 36
... averring that the plaintiff was guilty of negligence which proximately contributed to his injury complained of , presents no defense to a count which alleges that the injuries were inflicted by the wanton , reckless or willful ...
... averring that the plaintiff was guilty of negligence which proximately contributed to his injury complained of , presents no defense to a count which alleges that the injuries were inflicted by the wanton , reckless or willful ...
Página 47
... averred is the equivalent of wanton willful misconduct . To authorize a recovery under this count , it was necessary to prove the negligence averred . Proof of simple negligence , that is the failure to exercise ordinary care , would ...
... averred is the equivalent of wanton willful misconduct . To authorize a recovery under this count , it was necessary to prove the negligence averred . Proof of simple negligence , that is the failure to exercise ordinary care , would ...
Página 55
... averred the facts as above stated , and further averred that on March 31 , 1893 , he received from the board of commissioners of police a certificate of his election on March 6 , 1893 , as chief of police of Birming- ham , and of the ...
... averred the facts as above stated , and further averred that on March 31 , 1893 , he received from the board of commissioners of police a certificate of his election on March 6 , 1893 , as chief of police of Birming- ham , and of the ...
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Términos y frases comunes
action adverse possession Alabama Alabama Midland Railway alleged Amer amount Anniston appeal appellee appointment assigns as error Asso Austin authority averred bank bill of exceptions Birmingham bond cause chancery court charge circuit court city court claim Clay county Code coke complainant contract conveyance conveyed corporation court of equity creditors damages debt debtor decree deed defendant defendant's demurrer detinue duly excepted duty employés engine equity evidence executed facts fendant filed freight ground Hull Coal husband indebtedness injury interest intestate issue judgment jury Keyland land lease liable lien ment Montgomery Moog mortgage negligence overruled paid parties payment person plaintiff plea possession probate court prosecution provisions purchase question railroad recover refused rendered rule secure Sheffield shown statute statutory stockholders sued suit Talladega county Tennessee River testified thereof tion train trial wife witness
Pasajes populares
Página 8 - ... a question of fact for the jury, and not of law for the court.
Página 65 - No person, or collection of persons, being of one of those departments, shall exercise any power properly belonging to either of the others, except in the instances hereinafter expressly directed or permitted.
Página 534 - No law shall be revived, amended, or the provisions thereof extended, or conferred by reference to its title only, but so much thereof as is revived, amended, extended, or conferred, shall be reenacted, and published at length.
Página 495 - Under sub-section one of section one, unless the defect therein mentioned arose from, or had not been discovered or remedied owing to the negligence of the employer, or of some person in the service of the employer, and entrusted by him with the duty of seeing that the ways, works, machinery, or plant were in proper condition.
Página 64 - ... power of the State shall be vested in the Senate sitting as a court of impeachment, a Supreme Court, Circuit Courts, Chancery Courts, Courts of Probate, such...
Página 63 - The powers of the government of the State of Texas shall be divided into three distinct departments, each of which shall be confided to a separate body of magistracy, to wit : Those which are legislative to one, those which are executive to another, and those which are judicial to another...
Página 528 - This entire policy, unless otherwise provided by agreement endorsed hereon or added hereto, shall be void * * * if the interest of the insured be other than unconditional and sole ownership...
Página 307 - The statutes excluded from judicial favor, and subjected to this strictness of judicial construction — statutes which may be properly denominated retrospective, are such as take away or impair vested rights, acquired under existing laws, or create a new obligation, impose a new duty, or attach a new disability, in respect to transactions or considerations already past.
Página 526 - This entire policy shall be void if the insured has concealed or misrepresented, in writing or otherwise, any material fact or circumstance concerning this insurance or the subject thereof; or if the interest of the insured in the property be not truly stated herein; or in case of any fraud or false swearing by the insured touching any matter relating to this insurance or the subject thereof, whether before or after a loss.
Página 64 - SECTION 1. The supreme executive power of this state shall be vested in a chief magistrate, who shall be styled the Governor of the State of California.