Southern Reporter, Τόμος 98West Publishing Company, 1924 Includes the decisions of the Supreme Courts of Alabama, Florida, Louisiana, and Mississippi, the Appellate Courts of Alabama and, Sept. 1928/Jan. 1929-Jan./Mar. 1941, the Courts of Appeal of Louisiana. |
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Σελίδα 34
... Appeals of Alabama . Nov. 20 , 1923. ) 1. Justices of the peace 208 ( 2 ) —Statutory certiorari is an appeal by indirection . Statutory certiorari is an appeal by indi- BRICKEN , P. J. The cause is submitted upon motion to strike the ...
... Appeals of Alabama . Nov. 20 , 1923. ) 1. Justices of the peace 208 ( 2 ) —Statutory certiorari is an appeal by indirection . Statutory certiorari is an appeal by indi- BRICKEN , P. J. The cause is submitted upon motion to strike the ...
Σελίδα 35
... appeal or certiorari should not be dismiss- ders at the several terms , is treated as a cleri- ed at the return term of the appeal for want cal omission , and does not impair the validity of prosecution , when the record fails to show ...
... appeal or certiorari should not be dismiss- ders at the several terms , is treated as a cleri- ed at the return term of the appeal for want cal omission , and does not impair the validity of prosecution , when the record fails to show ...
Σελίδα 37
... Appeals of Alabama . Nov. 20 , 1923. ) 1. Appeal and error 518 ( 6 ) -Ruling on mo- tion to strike parts of complaint reviewable though ruling not shown in bill of excep- tions . Under Acts 1915 , p . 598 , providing that writ- ten ...
... Appeals of Alabama . Nov. 20 , 1923. ) 1. Appeal and error 518 ( 6 ) -Ruling on mo- tion to strike parts of complaint reviewable though ruling not shown in bill of excep- tions . Under Acts 1915 , p . 598 , providing that writ- ten ...
Σελίδα 38
... appeal omitted proof of notice to defendant that plaintiff's ultimate destination was beyond Hartsells . In the present record there is sufficient evidence on that point to make it a jury question . Hence on the trial from which this appeal ...
... appeal omitted proof of notice to defendant that plaintiff's ultimate destination was beyond Hartsells . In the present record there is sufficient evidence on that point to make it a jury question . Hence on the trial from which this appeal ...
Σελίδα 53
... appeal from the order of injunc- tion , he has no available remedy . A suspen- sive appeal - one which stays execution of the judgment or order appealed from - main- tains the status quo until a final judgment is rendered in the case ...
... appeal from the order of injunc- tion , he has no available remedy . A suspen- sive appeal - one which stays execution of the judgment or order appealed from - main- tains the status quo until a final judgment is rendered in the case ...
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action affidavit Alabama alleged amended Appeal from Circuit appellant appellee arrest Atty authority averment Bank bill of exceptions bond cause chancery court Circuit Court claim Commission Company complainant concur Constitution contract convicted Coun Court of Mississippi Criminal law damages deceased decree defendant defendant's demurrer dence detinue Digests and Indexes district court evidence fact fendant filed Hattiesburg held Hemingway's Code Humphreys county Hurtsboro indictment issue judge judgment jurisdiction jury Key-Numbered Digests land lease Lee County Louisiana Lumber ment Miss mortgage motion opinion Orleans overruled owner parish parties payment person plaintiff plaintiff in error plea possession proceeding prosecution question reasonable record refused Rehearing rule search warrant section lands sheriff Shreveport South statute suit Supreme Court sustained Syllabus by Editorial testified testimony thereof tion topic and KEY-NUMBER trial court verdict Wauchula witness writ Yazoo county
Δημοφιλή αποσπάσματα
Σελίδα 103 - In the event of disagreement as to the amount of loss the same shall, as above provided, be ascertained by two competent and disinterested appraisers, the insured and this company each selecting one, and the two so chosen shall first select a competent and disinterested umpire; the appraisers together shall then estimate and appraise the loss, stating separately sound value and damage, and, failing to agree, shall submit their differences to the umpire; and the award in writing of any two shall determine...
Σελίδα 385 - The amount of any loss or damage for which any carrier is liable shall be computed on the basis of the value of the property (being the bona fide invoice price, if any, to the consignee^ including the freight charges, if prepaid) at the place and time of shipment...
Σελίδα 383 - Except where the loss, damage, or injury complained of is due to delay or damage while being loaded or unloaded, or damaged in transit by carelessness or negligence, as conditions precedent to recovery, claims must be made in writing to the originating or delivering carrier within six months after delivery of the property...
Σελίδα 210 - Here all vocations are open to every one on like conditions. All may be pursued as sources of livelihood, some requiring years of study and great learning for their successful prosecution. The interest, or, as it is sometimes termed, the estate acquired in them, that is, the right to continue their prosecution, is often of great value to the possessors, and cannot be arbitrarily taken from them, any more than their real or personal property can be thus taken.
Σελίδα 210 - It is undoubtedly the right of every citizen of the United States to follow any lawful calling, business or profession he may choose, subject only to such restrictions as are imposed upon all persons of like age, sex and condition.
Σελίδα 106 - Payment is made in due course when it is made at or after the maturity of the instrument to the holder thereof in good faith and without notice that his title is defective.
Σελίδα 429 - ... knowing at the time of such making, drawIng uttering or delivering, that the maker, or drawer, has not sufficient funds in, or credit with, such bank or other depositary for the payment of such check, draft or order, In full, upon its presentation, shall be guilty of a misdemeanor.
Σελίδα 222 - Jordan are the sole heirs of the deceased, and the sole owners of said estate and property, both real and personal, and that all other persons here and after claiming or pretending to claim an Interest in said estate be forever barred.
Σελίδα 258 - It is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers and no others: First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the declared objects and purposes of the corporation — not simply convenient but indispensable.
Σελίδα 82 - Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do.