The Southern Reporter, Volumen1West Publishing Company, 1887 |
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Términos y frases comunes
64 Miss action affirmed Alabama alleged amended amount Appeal from circuit appellant appellee applied authority bank bona fide purchaser bonds cause chancery court charge circuit court claim Code complainant constitution contract convicted counsel Court of Alabama Court of Mississippi creditor damages debt deceased declaration decree deed defendant demurrer detinue district court entitled error Escambia county evidence execution executor fact favor February February 14 fendant filed fraud garnishee heirs held husband indictment interest issued judge judgment judicial Jule Jordan jurisdiction jury land liable lien Louisiana ment Micou Mississippi mortgage motion N. W. Rep nunc pro tunc Orleans paid parties payment person plaintiff plea possession probate proceedings proof purchase question railroad record refused rendered rule secure sold statute suit Supreme Court taxes testator testimony thereof tion trial verdict wife witness writ
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Página 648 - the rule of law is clear, that, where one, by his words or conduct, wilfully causes another to believe in the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter, a different state of things, as existing at the same time.
Página 344 - That in actions by or against executors, administrators, or guardians, in which judgment may be rendered for or against them, neither party shall be allowed to testify against the other, as to any transaction with, or statement by, the testator, intestate, or ward, unless called to testify thereto by the opposite party, or required to testify thereto by the court.
Página 457 - QC moves for a continuance on the ground of the absence of a material witness.
Página 131 - For had the special circumstances been known, the parties might have specially provided for the breach of contract by special terms as to the damages in that case ; and of this advantage it would be very unjust to deprive them.
Página 442 - it extends to the protection of the lives, limbs, health, comfort, and quiet of all persons, and the protection of all property within the State.
Página 309 - ... the record of a judgment rendered in another State may be contradicted as to the facts necessary to give the court jurisdiction ; and if it be shown that such facts did not exist, the record will be a nullity, notwithstanding it may recite that they did exist ;" and that " want of jurisdiction may be shown either as to the subject-matter or the person, or, in proceedings in rem, as to the thing.
Página 151 - no action shall be brought whereby * * * to charge any person * * * upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them ; * * * unless the agreement upon which such action shall be brought, or some memorandum or note thereof shall be in writing, and signed by the party to be charged therewith...
Página 131 - Where two parties have made a contract, which one of them has broken, the damages which the other party ought to receive, in respect of such breach of contract, should be such as may fairly and reasonably be considered either arising naturally, ie according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result...
Página 84 - March 5, 1901 ; provided, the person or partnership, or association or corporation owning any such plant shall file in the office of the probate judge of the...
Página 392 - For it is a general principle of the highest importance to the proper administration of justice that a judicial officer, in exercising the authority vested in him, shall be free to act upon his own convictions, without apprehension of personal consequences to himself.