Reports of Cases Argued and Determined in the Supreme Court of Alabama, Svazek 3D. Ferguson, printer, 1835 |
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Strana 9
... discharge , he must show , that by neglecting to sue , an injury has been sustained by him . 2. If such notice and injury be shown , it is a good defence both at law and in equity . The statute in this respect is merely cumulative . 3 ...
... discharge , he must show , that by neglecting to sue , an injury has been sustained by him . 2. If such notice and injury be shown , it is a good defence both at law and in equity . The statute in this respect is merely cumulative . 3 ...
Strana 11
... discharge the sureties ; there was no agee- ment to extend the time ; and unless there be such agree- ment , actual injury must be proved ; and here there is none in fact . The statute is only cumulative ; the defence insisted on , if ...
... discharge the sureties ; there was no agee- ment to extend the time ; and unless there be such agree- ment , actual injury must be proved ; and here there is none in fact . The statute is only cumulative ; the defence insisted on , if ...
Strana 13
... discharge of the securi- ty , and that if the request had been in writing , it would have been a good discharge in law . We are of opinion , that a neglect to sue on a verbal re- quest , and consequent injury thereon , is by the ...
... discharge of the securi- ty , and that if the request had been in writing , it would have been a good discharge in law . We are of opinion , that a neglect to sue on a verbal re- quest , and consequent injury thereon , is by the ...
Strana 16
... discharged ; that the parties could not be permit- ted to speculate on the chances whether a cause would be reached upon the docket in the Supreme Court or not , but for the construction of the agreement , the Court must look to the ...
... discharged ; that the parties could not be permit- ted to speculate on the chances whether a cause would be reached upon the docket in the Supreme Court or not , but for the construction of the agreement , the Court must look to the ...
Strana 17
... discharge of the bail in error , because they became sureties long before the writ of error was sued out , and there ... discharged , on the principle that a contract founded on a good consideration , giving time to the principal ...
... discharge of the bail in error , because they became sureties long before the writ of error was sued out , and there ... discharged , on the principle that a contract founded on a good consideration , giving time to the principal ...
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admitted affirmed Alabama alleged amount appear appellants assigned assumpsit attorney attorney at law authority averment bill of exceptions bond Brahan cause of action 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 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 sureties sustained term thereof tion trial Turner usury verdict void writ of error
Oblíbené pasáže
Strana 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.
Strana 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.
Strana 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.
Strana 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.
Strana 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.
Strana 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...
Strana 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.
Strana 490 - ... all, and all manner of action and actions, cause and causes of action, suits, debts, dues, sums of money, accounts...
Strana 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.
Strana 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.