Reports of Cases Argued and Determined in the Supreme Court of Alabama, Svazek 69

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Strana 51 - Every agreement, promise or undertaking is void, unless it or some note or memorandum thereof be in writing, and subscribed by the party to be charged therewith, or by his lawful agent, if such agreement, promise or undertaking: 1. By its terms is not to be performed within one year from the making thereof ; 2.
Strana 13 - Ed.) p. 246, as follows: •'Where, therefore, a part of a statute Is unconstitutional, that fact does not authorize the courts to declare the remainder void also, unless all the provisions are connected In subject-matter, depending on each other, operating together for the same purpose, or otherwise so connected together In meaning that It cannot be presumed the Legislature would have passed the one without the other.
Strana 195 - THERE are three points to be considered in the construction of all remedial statutes ; the old law, the mischief, and the remedy : that is, how the common law stood at the making of the act ; what the mischief was, for which the common law did not provide ; and what remedy the parliament hath provided to cure this mischief. And it is the business of the judges so to construe the act, as to suppress the mischief and advance the...
Strana 417 - ... gave no intimation, and their passage secured through legislative bodies whose members were not generally aware of their intention and effect. There was no design by this clause...
Strana 645 - The generally accepted doctrine in this country is, as stated by Mr. Benjamin, that a contract for the sale of goods to be delivered at a future day is valid, even though the seller has not the goods, nor any other means of getting them than to go into the market and buy them...
Strana 193 - ... is situate, and by posting up notices thereof in at least five public places in such county, three of which shall be in each township in which real estate to be sold may be situate. If the real estate or any part...
Strana 70 - On the reversal of the judgment the law raises an obligation in the party to the record, who has received the benefit of the erroneous judgment, to make restitution to the other party for what he has lost ; and the mode of proceeding to effect this object must be regulated according to circumstances.
Strana 406 - And though the lessor had it not actually in him, nor certain, yet he had it potentially; for the land is the mother and root of all fruits. Therefore he that hath it may grant all fruits that may arise upon it after, and the property shall pass as soon as the fruits are extant, as 21 Hen.
Strana 318 - Costs are an allowance to a party for expenses incurred in conducting his suit ; fees are a compensation to an officer for services rendered in the progress of the cause.
Strana 471 - ... written authority; or, if he is not able to sign his name, then his name must be written for him, with the words "his mark...

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