Reports of Cases Argued and Determined in the Supreme Court of Alabama, Volumen14 |
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Resultados 1-5 de 84
Página 25
... plea , yet if the bond upon its face is shown to have been executed upon an illegal consideration , and the bond is fully set out in the declaration , a demurrer to the de- claration , founded on it , is a proper mode of testing its ...
... plea , yet if the bond upon its face is shown to have been executed upon an illegal consideration , and the bond is fully set out in the declaration , a demurrer to the de- claration , founded on it , is a proper mode of testing its ...
Página 86
... plea and demurrer , either general or special , in his answer , and shall have the benefit thereof . Clay's Dig . 351 , § 36 . 2. Misrepresentation in matter of opinion and fact , equally open to the inquiries of both parties , and in ...
... plea and demurrer , either general or special , in his answer , and shall have the benefit thereof . Clay's Dig . 351 , § 36 . 2. Misrepresentation in matter of opinion and fact , equally open to the inquiries of both parties , and in ...
Página 96
... plea was sworn to , and of- fered to be filed , but the court , on objections made , would not permit said plea to be filed , and the administrators ex- cepted . The administrators then offered to prove , that the note had been paid to ...
... plea was sworn to , and of- fered to be filed , but the court , on objections made , would not permit said plea to be filed , and the administrators ex- cepted . The administrators then offered to prove , that the note had been paid to ...
Página 97
... plea of payment . If , however , the filing of the plea was a matter of discretion . with the court , the proof of payment was good without a special plea ; and there was certainly error in rejecting the evidence . McMillan v . Wallace ...
... plea of payment . If , however , the filing of the plea was a matter of discretion . with the court , the proof of payment was good without a special plea ; and there was certainly error in rejecting the evidence . McMillan v . Wallace ...
Página 99
... plea of payment . DARGAN , J. - The first question presented by the assign- ment of errors , is , was the claim filed in the office of the clerk of the orphans ' court , within the time prescribed by law ? By the act of 1843 , every ...
... plea of payment . DARGAN , J. - The first question presented by the assign- ment of errors , is , was the claim filed in the office of the clerk of the orphans ' court , within the time prescribed by law ? By the act of 1843 , every ...
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Términos y frases comunes
9 Ala action adm'r administrator admissible admitted affidavit alledged answer assumpsit authority Bank at Mobile bill of exceptions bond Branch Bank breach cause cestui que trust chancellor chancery Chantron choses in action circuit court claim claimant Clay's clerk complainant contract conveyed county court court of chancery court of equity creditors Deas debt declaration decree deed defendant in error demand demurrer detinue discharge donor entitled equity evidence Ex'rs execution executor fact filed fraud garnishee grantor Greenl heirs held husband indorsement intended interest intestate issue John judge judgment land levy liable lien matter ment Montandon mortgage mortgagor objection orphans paid party payment person plaintiff in error plea Pledger possession proceedings proof proved question received record recover refused rendered rule sheriff slaves Smith sold statute sued suit sureties term testator testimony tion usury vendor Wend wife witness writ of error
Pasajes populares
Página 276 - It is a rule in law, when the ancestor by any gift or conveyance takes an estate of freehold, and in the same gift or conveyance an estate is limited either mediately or immediately to his heirs in fee or in tail; that always in such cases, 'the heirs' are words of limitation of the estate, and not words of purchase.
Página 606 - ... with intent to influence his act, vote, opinion, decision or judgment on any matter, question, cause or proceeding which may be then pending, or may by law come or be brought before him in his official capacity...
Página 260 - common carrier" has, therefore, been defined to be one who undertakes for hire or reward to transport the goods of such as choose to employ him from place to place.
Página 765 - Field, now a member of this court, that "the interest mentioned in the statute which entitles a person to intervene in a suit between other parties must be in the matter in litigation, and of such a direct and immediate character that the intervenor will either gain or lose by the direct legal operation and effect of the judgment.
Página 397 - The true test of the interest of a witness is, that he will either gain or lose by the direct legal operation and effect of the judgment, or that the record will be legal evidence for or against him in some other action.
Página 24 - America, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents.
Página 260 - I take it to be exceedingly clear, that no person is a common carrier in the sense of the law, who is not a carrier for hire ; that is, who does not receive, or is not entitled to receive, any recompense for his services. The known definition of a common carrier, in all our books, fully establishes this result.
Página 403 - So far as an offence has been committed against the public peace and morals, the corporate authorities have no power to inflict punishment, and we are not informed that they have attempted to arrogate it. It is altogether immaterial whether the State tribunal has interfered and exercised its powers in bringing the defendant before it to answer for the assault and battery ; for whether he has there been punished or acquitted is alike unimportant.
Página 403 - The object of the power conferred by the charter, and the purpose of the ordinance itself, was not to punish for an...
Página 358 - ... where any loan of goods and chattels shall be pretended to have been made to any person with whom, or those claiming under him, possession shall have remained by the space of five years, without demand made and pursued by due process at law, on the part of the pretended lender...