Reports of Cases Argued and Determined in the Supreme Court of Alabama, Volumen67 |
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Términos y frases comunes
action Adm'r administrator adverse possession agent agreement Alabama alleged amount appellant appellee asserted assigned as error authority averments Bill in Equity bona fide purchaser bond Bros cause Chancellor Chancery Court Circuit Court claim Code common law complainant contract conveyance cotton court of equity court overruled creditors debt debtor deceased declared decree deed defendant excepted demurrer dollars duty enforce evidence execution executor facts favor filed fraud guardian heirs husband injury insolvent Insurance Company interest intestate John Jones judgment jurisdiction lands liability lien ment Mobile mortgage motion notice objection paid parties payment personal property plaintiff plea possession Probate Court promissory note purchase-money purchaser Pyron railroad recover refused remedy rendered rent rule separate estate Smith statute of limitations statutory suit sureties Talladega county TAUL BRADFORD tenant testified testimony tion trover trust vendor wife witness
Pasajes populares
Página 299 - And where a suit is now pending, or may be hereafter brought in any state court in which there is a controversy between a citizen of the state in which the suit is brought, and a citizen of another state...
Página 299 - State, may remove such suit into the circuit court of the United States for the proper district, at any time before the trial thereof, when it shall be made to appear to said circuit court that from prejudice or local influence he will not be able to obtain justice in such State court...
Página 220 - One of the settled maxims in constitutional law is, that the power conferred upon the legislature to make laws cannot be delegated by that department to any other body or authority. Where the sovereign power of the state has located the authority, there it must remain; and by the constitutional agency alone the laws must be made until the constitution itself is changed.
Página 250 - Without attempting to draw any precise line to which courts of equity will advance, and which they cannot pass, in restraining parties from availing themselves of judgments obtained at law, it may safely be said that any fact which clearly proves it to be against conscience to execute a judgment, and of which the injured party could not have availed himself in a court of law, or of which he might have availed himself at law, but was prevented by fraud or accident, unmixed with any fault or negligence...
Página 171 - no suit, either at law or in equity, shall be maintainable in any court between an assignee in bankruptcy and a person claiming an adverse interest, touching any property or rights of property transferable to or vested in such assignee, unless brought within two years from the time when the cause of action accrued for or against such assignee," and thereby denied a right and immunity claimed by the petitioner under the Bankrupt Act of the United States.
Página 364 - ... separate estate and property of such female, and shall not be liable for any debts, obligations or engagements of her husband, and may be devised or bequeathed by her, the same as if she were a feme sole.
Página 24 - ... when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Página 96 - This is a contract to tempt a man to transgress the law, to do that which is injurious to the community : it is void by the common law; and the reason why the common law says such contracts are void, is for the public good. You shall not stipulate for iniquity. All writers upon our law agree in this, that no polluted hand shall touch the pure fountains of justice.
Página 621 - No foreign corporation shall do any business in this State without having one or more known places of business, and an authorized agent or agents in the same upon whom process may be served.
Página 129 - ... months after the grant of letters testamentary or of administration ; and if not presented within that time, they are forever barred and the payment or allowance thereof it prohibited.