Cases Argued and Adjudged in the Supreme Court of Florida, Τόμος 6 |
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Σελίδα 20
... the same Article , providing for the dissolution of attachment before and af- ter plea to the action , has reference exclusively to suits . thereafter to be commenced . " Hardee & Co. vs. Langford . - Opinion of Court 20 SUPREME COURT .
... the same Article , providing for the dissolution of attachment before and af- ter plea to the action , has reference exclusively to suits . thereafter to be commenced . " Hardee & Co. vs. Langford . - Opinion of Court 20 SUPREME COURT .
Σελίδα 25
... plea should allege , that the estate was sol- vent ; but if an insolvency is relied upon to bring the base within the opera- tion of the statute , the fact should be distinctly avered in the replication by way of avoidance . 5. It is ...
... plea should allege , that the estate was sol- vent ; but if an insolvency is relied upon to bring the base within the opera- tion of the statute , the fact should be distinctly avered in the replication by way of avoidance . 5. It is ...
Σελίδα 26
... plea of non assumpsit , upon which issue was joined . And again , on the 10th day of November , A. D. , 1853 , they filed other special pleas , which upon motion were stricken out , for the reason , we presume , that they had not been ...
... plea of non assumpsit , upon which issue was joined . And again , on the 10th day of November , A. D. , 1853 , they filed other special pleas , which upon motion were stricken out , for the reason , we presume , that they had not been ...
Σελίδα 27
... Plea No. 5 , is a com- mon plea of payment , concluding with a verification , and seems to have been abandoned in the further progress of the cause , as there is no replication to the same nor any further notice taken of it in the ...
... Plea No. 5 , is a com- mon plea of payment , concluding with a verification , and seems to have been abandoned in the further progress of the cause , as there is no replication to the same nor any further notice taken of it in the ...
Σελίδα 28
... plea ; and— 2nd , That the court erred in sustaining defendant's de- murrer to plaintiff's replication . The demurrer to the plea raises the question as to the zight and duty of an executor or administrator to retain out of the assets ...
... plea ; and— 2nd , That the court erred in sustaining defendant's de- murrer to plaintiff's replication . The demurrer to the plea raises the question as to the zight and duty of an executor or administrator to retain out of the assets ...
Συχνά εμφανιζόμενοι όροι και φράσεις
action admitted aforesaid al.-Opinion of Court alleged answer appellant appellee applied assignment authority Bennett bill of sale bond Carter cestui que trust Circuit Court cited claim Commissioners of Leon common law complainant Constitution contract conveyed Cotten counsel Court of Chancery Court of Equity creditors D. C. Wilson debt declaration decree deed defendant demurrer Denham & Palmer doctrine dollars Duval county E. C. Bellamy Edward Edward Bellamy error et.al.-Opinion of Court evidence execution executor fact feme covert filed Florida foreclosure Georgia grant Harrison husband indictment intention interest Judge judgment jurisdiction jury land Leon county Maiben Maria Taylor ment mortgage negroes objection parties payment person plaintiff Plaintiff in Error plea pleading possession purchase question record reference rule Samuel Samuel Bellamy Sanderson says secure settlement Shomo slaves statute suit Supreme Court Thornton tion Tradewell trial Trover wife Wilson & Herr Wilson and Herr witness writ
Δημοφιλή αποσπάσματα
Σελίδα 613 - The powers of the government of the State of Alabama shall be divided into three distinct departments; and each of them confided to a separate body of magistracy to wit, those which are legislative, to one; those which are executive to another, and those which are judicial to another.
Σελίδα 294 - A constitution, to contain an accurate detail of all the subdivisions of which its great powers will admit, and of all the means by which they may be carried into execution, would partake of the prolixity of a legal code, and could scarcely be embraced by the human mind. It would probably never be understood by the public. Its nature, therefore, requires that only its great outlines should be marked, its important objects designated, and the minor ingredients which compose those objects be deduced...
Σελίδα 494 - But a mere intruder cannot enter on a person actually seized and eject him, and then question his title or set up an outstanding title in another. The maxim that the plaintiff must recover on the strength of his own title, and not on the weakness of the defendant's, is applicable to all actions for the recovery of property. But if the plaintiff had actual prior possession of the land, this is strong enough to enable him to recover it from a mere trespasser who entered without any title.
Σελίδα 297 - ... is excepted out of the general powers of government, and shall forever remain inviolate ; and that all laws contrary thereto, or to the following provisions shall be void.
Σελίδα 625 - If the end be legitimate and within the scope of the constitution, all the means which are appropriate, which are plainly adapted to that end, and which are not prohibited, may constitutionally be employed to carry it into effect.
Σελίδα 654 - The General Assembly shall have power to authorize the several counties and incorporated towns in this State, to impose taxes for county and corporation purposes respectively, in such manner as shall be prescribed by law ; and all property shall be taxed according to its value, upon the principles established in regard to State taxation.
Σελίδα 282 - 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.
Σελίδα 257 - ... 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 in himself or his agents, will justify an application to a court of chancery.
Σελίδα 293 - Hence its powers are expressed in general terms, leaving to the legislature, from time to time, to adopt its own means to effectuate legitimate objects, and to mould and model the exercise of its powers, as its own wisdom and the public interests should require.
Σελίδα 736 - ... mortgagee, the mortgage is to be regarded as a conveyance in fee ; because that construction best secures him in his remedy, and his ultimate right to the estate, and to its incidents, the rents and profits. But in all other respects, until foreclosure, when the mortgagee becomes the absolute owner, the mortgage is deemed to be a lien or charge, subject to which the estate may be conveyed, attached, and in other respects dealt with, as the estate of the mortgagor.