Reports of Cases Argued and Determined in the Supreme Court of Alabama, Τόμος 3D. Ferguson, printer, 1835 |
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Σελίδα 38
... issue . At the November term , 1829 , judg- ment was entered as follows : " This day came the parties by their attorneys , and the plaintiff discontinues his suit as to John Blevins , and thereupon came a jury , to wit : Enoch Carson ...
... issue . At the November term , 1829 , judg- ment was entered as follows : " This day came the parties by their attorneys , and the plaintiff discontinues his suit as to John Blevins , and thereupon came a jury , to wit : Enoch Carson ...
Σελίδα 39
... issue process forever for the purpose of perfecting service on the other defendant , when he is well aware it never can be done ? Would not such a construction be fraught with the greatest possible injustice ? It would tax the plaintiff ...
... issue process forever for the purpose of perfecting service on the other defendant , when he is well aware it never can be done ? Would not such a construction be fraught with the greatest possible injustice ? It would tax the plaintiff ...
Σελίδα 40
... issue accordingly . " Is there any thing in this section inhibiting the plaintiff from hav- ing judgment against the indorser separate and apart from the maker ? Assuredly not . The statute only points out the mode of entering judgments ...
... issue accordingly . " Is there any thing in this section inhibiting the plaintiff from hav- ing judgment against the indorser separate and apart from the maker ? Assuredly not . The statute only points out the mode of entering judgments ...
Σελίδα 44
... issue joined , and a verdict for the plaintiff is rendered , is it error ? Quere . COVENANT . The action was brought to the spring term 1823 , of Madison Circuit Court , by L. Wilkinson against J. W. Jones . To the declaration , the ...
... issue joined , and a verdict for the plaintiff is rendered , is it error ? Quere . COVENANT . The action was brought to the spring term 1823 , of Madison Circuit Court , by L. Wilkinson against J. W. Jones . To the declaration , the ...
Σελίδα 45
... issues are joined ? any trial must therefore have been irregular , when there Jones ' Exrs . was no issue . This point has been so often decided in this Court , that it is not now debateable . a V. Wilkinson . a Minor's Ala . Rep . 45 ...
... issues are joined ? any trial must therefore have been irregular , when there Jones ' Exrs . was no issue . This point has been so often decided in this Court , that it is not now debateable . a V. Wilkinson . a Minor's Ala . Rep . 45 ...
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Συχνά εμφανιζόμενοι όροι και φράσεις
admitted affirmed Alabama alleged amount appear appellants assigned assumpsit attorney attorney at law authority averment bill of exceptions bond Brahan certified Chancery Circuit Court claim common law complainants consideration contract counsel County Court covenant creditor debt decision declaration decree deed defendant in error demurrer deputy discharge doctrine entitled equity evidence execution facias fact filed garnishee grant indictment indorser insolvent intestate issue JANUARY John JUDGE JULY jurisdiction juror jury justice land Laws of Ala legislature liability maker ment notice objection offence opinion overruled paid parol parties payment person plaintiff in error plea plea in abatement pleaded possession principle proceedings promise proof proved question Ragland record recover rendered reversed rule Samuel Dale scire facias sheriff shew shewn statute statute of limitations Sturgus sued sufficient suit Supreme Court surety sustained term thereof tion trial Turner usury verdict void writ of error
Δημοφιλή αποσπάσματα
Σελίδα 218 - And the said records and judicial proceedings authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States, as they have by law or usage in the courts of the state from whence the said records are or shall be taken.
Σελίδα 218 - ... the records and judicial proceedings of the courts of any state shall be proved or admitted, in any other court within the United States, by attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, as the case may be, that the said attestation is in due form.
Σελίδα 482 - A party is not to cast himself upon an obstruction which has been made by the fault of another, and avail himself of it, if he do not himself use common and ordinary caution to be in the right.
Σελίδα 130 - or other cattle," being looked upon as much too loose to create a capital offence, the act was held to extend to nothing but mere sheep. And therefore, in the next sessions, it was found necessary to make another statute, 15 Geo. II, c. 34, extending the former to bulls, cows, oxen, steers, bullocks, heifers, calves and lambs, by name.
Σελίδα 81 - That an alien can take by deed, and can hold until office found, must now be regarded as a positive rule of law, so well established that the reason of the rule is little more than a subject for the antiquary.
Σελίδα 198 - Every surveyor shall note in his field book, the true situations of all mines, salt licks, salt springs, and mill seats, which shall come to his knowledge; all water courses, over which the line he runs shall pass; and also the quality of the lands...
Σελίδα 416 - I take it to be a clear position, that if a legislative act oppugns a constitutional principle, the former must give way, and be rejected on the score of repugnance. I hold it to be a position equally clear and sound, that in such case, it will be the duty of the Court to adhere to the constitution, and to declare the act null and void.
Σελίδα 490 - ... all, and all manner of action and actions, cause and causes of action, suits, debts, dues, sums of money, accounts...
Σελίδα 218 - The records and judicial proceedings of the. courts of any State or Territory, or of any such country, shall be proved or admitted in any other court within the United States, by the attestation of the clerk and the seal of the court annexed, if there be a seal, together with the certificate of the judge, chief justice, or presiding magistrate, that the said attestation is in due form.
Σελίδα 417 - The powers of the Government of the State of Kentucky shall be divided into three distinct departments, and each of them be 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 Judiciary to another.