Reports of Cases at Law and in Equity, Argued and Adjudged in the Supreme Court of Alabama, Volumen9M.J. Slade, 1840 |
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Página 11
... defendant in error brought an action of assump- sit against the plaintiff , in the Circuit court of Montgo- mery , as the drawer of a bill of exchange , of the follow- ing tenor : " $ 7000 . New York , Dec. 20th , 1836 . " Seventy ...
... defendant in error brought an action of assump- sit against the plaintiff , in the Circuit court of Montgo- mery , as the drawer of a bill of exchange , of the follow- ing tenor : " $ 7000 . New York , Dec. 20th , 1836 . " Seventy ...
Página 13
... defendant in error , because the bill was payable in the State of Alabama ; and whether the bill was founded on a usurious consid- eration , should be determined by the laws of that State , and not the law of New York . And the ...
... defendant in error , because the bill was payable in the State of Alabama ; and whether the bill was founded on a usurious consid- eration , should be determined by the laws of that State , and not the law of New York . And the ...
Página 22
... defendant ? Fourth - Was the law read from the revised statutes of New York , at the instance of the defendant in error , le- gally admitted in evidence ? First - The second plea , it may be remarked , is ob- jectionable in itself , and ...
... defendant ? Fourth - Was the law read from the revised statutes of New York , at the instance of the defendant in error , le- gally admitted in evidence ? First - The second plea , it may be remarked , is ob- jectionable in itself , and ...
Página 23
... defendant's pleas , and though the court believed the pleas to be bad , yet , as the declaration was considered ... defendant . The court proceed further to remark , that " it may so happen , where a special plea , containing matter ...
... defendant's pleas , and though the court believed the pleas to be bad , yet , as the declaration was considered ... defendant . The court proceed further to remark , that " it may so happen , where a special plea , containing matter ...
Página 43
... defendant objected to his competency , be- cause he could not testify to destroy a title he had him- self given to defendant , against whom no notice was proved of plaintiff's titles -- which objection the court overruled . Swift rs ...
... defendant objected to his competency , be- cause he could not testify to destroy a title he had him- self given to defendant , against whom no notice was proved of plaintiff's titles -- which objection the court overruled . Swift rs ...
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Términos y frases comunes
act of eighteen action adm'r admitted affirmed agent alleged appear Assumpsit authorised bail Bank bill of exceptions bill of exchange bond Caldwell cause charged the jury Circuit court claim common law considered contract counsel County court court erred court of equity debt decision declaration decree deed defendant in error demurrer detinue dollars eighteen hundred endorsement entitled equity Eslava evidence execution fact fieri facias filed Fitzhugh garnishee given GOLDTHWAITE grant Hanrick Heirs indictment interest issue John judge judgment jurisdiction justice land liable lots Maguire ment Mobile county motion necessary negroes non est factum notice objection overruled party payable payment person plaintiff in error plea pleaded possession proceedings promissory note proof proved purchase question record recover refused remanded rendered rule sheriff Sims & Scott slave statute steam-boat sued sufficient suit sustained term tiff tion trial trust usury verdict witness writ of error
Pasajes populares
Página 14 - ... for the loan or forbearance of any money, goods or things in action, than is above prescribed.
Página 19 - The rules already considered suppose, that the performance of the contract is to be in the place, where it is made, either expressly or by tacit implication. .But where the contract is either expressly or tacitly to be performed in any other place, there the general rule is, in conformity to the presumed intention of the parties, that the contract, as to its validity, nature, obligation, and interpretation, is to be governed by the law of the place of performance.
Página 598 - Mississippi, and the navigable waters leading into the same, shall be common highways, and forever free as well to the inhabitants of said State, as to all other citizens of the United States, without any tax, duty, impost, or toll therefor, imposed by the said State of Iowa.
Página 600 - That the inhabitants of the eastern division of the territory northwest of the river Ohio, be, and they are hereby authorized to form for themselves a constitution and state government, and to assume such name as they shall deem proper, and the said state, when formed, shall be admitted into the Union, upon the same footing with the original states, in all respects whatever.
Página 385 - The supreme court, except as otherwise provided in this constitution, shall have appellate jurisdiction only, which shall be co-extensive with the state, and shall have a general superintending control over all inferior courts, under such regulations and limitations as may be prescribed by law.
Página 56 - And the said records and exemplifications, so authenticated, shall have such faith and credit given to them in every court and office within the United States as they have by law or usage in the courts or offices of the State, Territory, or country, as aforesaid, from which they are taken.
Página 589 - An act to enable the people of the Alabama territory to form a constitution and state government, and for the admission of such state into the union on an equal footing with the original states...
Página 50 - In witness whereof the said parties have hereunto set their hands and affixed their seals the day and year first above written, The word "recorded
Página 268 - 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 500 - ... to take the share of their deceased parent in equal parts among them; and where there shall be no children or descendants then in equal parts to the next of kin in equal degree; and among collaterals, the children of a deceased brother or sister of the intestate shall have in equal parts among them their deceased...