Reports of Cases Argued and Determined in the Supreme Court of Alabama, Volumen102 |
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Términos y frases comunes
action Affirmed alleged Amer appeal appellee Ashford assigned assumpsit attorney authority averred bill cause certiorari Chancery Court charge circuit court city court claim Code common law Company complainant contract conveyance corporation court of equity creditors debt debtor deceased declared decree deed defendant defendant's demurrer duly excepted dying declarations Encyc equity error evidence ex rel execution fact fendant filed fraud garnishee granted ground intent Isaac Rosenberg issue Judge Tally judgment jurors jury justice Knard land levy lien McVay ment Mobile county Montgomery Montgomery county mortgage motion murder overruled paid parties partner partnership payment person petition plaintiff plea possession Prewitt proceedings proof Railroad recover refused rendered respondent resulting trust Ross rule Scottsboro sheriff Skeltons sold statute suit summons tending to show terra cotta testified testimony thereof tion trial verdict void wife Wimberly witness writ writ of certiorari
Pasajes populares
Página 24 - The distinction between an accessory before the fact and a principal, and between principals in the first and second degree, in cases of felony, is abrogated; and all persons concerned in the commission of a felony, whether they directly commit the act constituting the offense, or aid and abet in its commission, though not present, shall hereafter be prosecuted, tried, and punished as principals...
Página 81 - A doubt, to justify an acquittal, must be reasonable, and it must arise from a candid and impartial investigation of all the evidence in the case; and unless it is such that, were the same kind of doubt interposed in the graver transactions of life, it would cause a reasonable and prudent man to hesitate and pause, it is insufficient to authorize a verdict of not guilty. If, after considering all the evidence, you can say you have an abiding conviction of the truth of the charge, you are satisfied...
Página 598 - ... in the office of the judge of probate of the county in which the corporation has its principal place of business...
Página 357 - A subsequent statute revising the whole subject-matter of a former one, and evidently intended as a substitute for it, although it contains no express words to that effect, must on principles of law, as well as in reason and common sense, operate to repeal the former.
Página 224 - That the right of way for the construction of highways over public lands, not reserved for public uses, is hereby granted.
Página 364 - ... shall have been abrogated as even detrimental to the well-being of the public. The promised compensation for services actually performed and accepted, during the continuance of the particular agency, may undoubtedly be claimed, both upon principles of compact and of equity; but to insist beyond this on the perpetuation of a public policy either useless or detrimental, and upon a reward for acts neither desired nor performed, would appear to be reconcilable with neither common justice nor common...
Página 599 - The General Assembly shall not remit the forfeiture of the charter of any corporation now existing, or alter or amend the same, or pass any other general or special law for the benefit of such corporation, except upon the condition that such corporation shall thereafter hold its charter subject to the provisions of this Constitution.
Página 364 - The selection of officers, who are nothing more than agents for the effectuating of such public purposes, is matter of public convenience or necessity, and so too are the periods for the appointment of such agents ; but neither the one nor the other of these arrangements can constitute any obligation to continue such agents, or to re-appoint them, after the measures which brought them into being shall have been found useless, shall have been fulfilled, or shall have been abrogated as even detrimental...
Página 140 - Jim Sullivan cut me — he cut me for nothing— I never did anything to him." In that case Brickell, Ch. J., said, for the court: "The objections...
Página 642 - ... acquire and convey at pleasure, all such real and personal estate as may be necessary and convenient to carry into effect the objects of the incorporation...