Reports of Cases Argued and Determined in the Supreme Court of Alabama, Volumen116 |
Dentro del libro
Resultados 1-5 de 87
Página 32
... statutes that when a statute is plain and unambiguous that there is no room for construction , and that the court must give effect to its language . - Code of 1886 , §§ 1390 , 1391 ; Code of 1896 , §§ 2446 , 2447 ; 3 Brick . Dig . 750 ...
... statutes that when a statute is plain and unambiguous that there is no room for construction , and that the court must give effect to its language . - Code of 1886 , §§ 1390 , 1391 ; Code of 1896 , §§ 2446 , 2447 ; 3 Brick . Dig . 750 ...
Página 36
... statute . On the trial the plaintiff , against objection , introduced evidence tending to show that the establishing of the proposed new road over his premises would necessitate the construction of fences alongside the road for the pro ...
... statute . On the trial the plaintiff , against objection , introduced evidence tending to show that the establishing of the proposed new road over his premises would necessitate the construction of fences alongside the road for the pro ...
Página 152
... statute , offensive to good morals or contrary to public policy , becomes an executed contract , the courts will not divest the rights acquired by either party , but each may hold whatever he has ac- quired without regard to the ...
... statute , offensive to good morals or contrary to public policy , becomes an executed contract , the courts will not divest the rights acquired by either party , but each may hold whatever he has ac- quired without regard to the ...
Página 153
... statute is directed , and who violated it , by exercising the mere power of sale conferred in the mort- gage could do so . Both parties could not ratify it by subsequent acts and agreements , and yet the contention of counsel for ...
... statute is directed , and who violated it , by exercising the mere power of sale conferred in the mort- gage could do so . Both parties could not ratify it by subsequent acts and agreements , and yet the contention of counsel for ...
Página 154
... statute that makes this mortgage void ; and should the court hold that by pro- perly executing the power of sale in the mortgage the vice in the mortgage would be covered up , still it is uni- versally recognized that for a mortgagee to ...
... statute that makes this mortgage void ; and should the court hold that by pro- perly executing the power of sale in the mortgage the vice in the mortgage would be covered up , still it is uni- versally recognized that for a mortgagee to ...
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Términos y frases comunes
action adverse possession affirmative agreement Alabama alleged amount appeal appellee assigns as error authority averred Bethea bill Birmingham Blount county bona fide purchaser bond building cause chancery court charge circuit court claim claimants Code Coffee county Colbert county collateral complainant contract conveyance corporation court of equity creditor Dale county damages debt decree deed defendant defendant's demurrer detinue dollars election Encyc entitled equity Escambia County execution explosion facts fendant filed fraud Hudgins indictment indorser injury issue judgment jury Koopman & Gerdes land levied liability lien Linnehan McClellan & Scheerer ment Montgomery mortgage National Bank negligence notes notice nuisance overruled owner paid party payment person plaintiff plea possession probate promissory notes purchase question recover rendered rule secure sheriff statute street sued sufficient suit tended to show therein thereof Thompson tion transfers trial trust void witness
Pasajes populares
Página 33 - Assembly from taking the property and franchises of incorporated companies, and subjecting them to public use, the same as the property of individuals...
Página 188 - 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 312 - ... is applied to that class of wrongs that arise from the unreasonable, unwarrantable or unlawful use by a person of his own property, real or personal, or from his own improper, indecent or unlawful personal conduct, working an obstruction of, or injury to, a right of another or of the public, and producing such material annoyance, inconvenience, discomfort or hurt, that the law will presume a consequent damage.
Página 354 - Company, to recover damages for Injuries received by the plaintiff while in the employ of the defendant as a...
Página 656 - Upon the introduction of all the evidence, the defendant requested the court to give to the jury the following charges, and separately excepted to the court's refusal to give each of them as asked: (1.) "If the jury believe the evidence, they must find for- the defendant.
Página 312 - The term *nuisance' in legal phraseology is applied to that class of wrongs that arise from the unreasonable, unwarrantable, or unlawful use by a person of his own property, real or personal, or from his own improper, indecent, or unlawful personal conduct, working an obstruction or injury to a right of another, or of the public, and producing such material annoyance, inconvenience, discomfort or hurt, that the law will presume a consequent damage.
Página 345 - But where the thing sought to be restrained is not unavoidably and in itself noxious, but only something which may according to circumstances prove so...
Página 34 - ... and individuals invested with the privilege of taking private property for public use shall make just compensation for property taken, injured or destroyed by the construction or enlargement of their works, highways or improvements, which compensation shall be paid or secured before such taking, injury or destruction.
Página 345 - ... to meet the question. The distinction between the two kinds of erection or operation is obvious, and the soundness of that discretion seems • undeniable, which would be very slow to interfere, where the thing to be stopped, while it is highly beneficial to one party, may very possibly be prejudicial to none.
Página 282 - If it is a mere written agreement, solemn or otherwise, still, while it exists, it is always liable to be applied to improper purposes ; and it may be vexatiously litigated at a distance of time, when the proper evidence to repel the claim may have been lost, or obscured; or when the other party may be disabled*- from contesting its validity with as much ability and force as he can contest it at the present moment.