Reports of Cases at Law and in Equity, Argued and Determined in the Supreme Court of Alabama, New Series, Svazek 3Hale and Phelan, printers, 1842 |
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Strana 20
... action of trespass to try title , can only be computed from the time when the title was cast on the plaintiffs . Heirs at law , therefore , cannot recover damages which accrued previous to the death of their ancestors . Writ of error to ...
... action of trespass to try title , can only be computed from the time when the title was cast on the plaintiffs . Heirs at law , therefore , cannot recover damages which accrued previous to the death of their ancestors . Writ of error to ...
Strana 26
... action in which the defendant was bail , is described as an action of " trespass on the case upon promises . " The record was vouch- ed in usual form , but no profert was made of the bail bond . The defendant craved oyer of the ...
... action in which the defendant was bail , is described as an action of " trespass on the case upon promises . " The record was vouch- ed in usual form , but no profert was made of the bail bond . The defendant craved oyer of the ...
Strana 30
... action , after a judgment by default . 2. The defendant omitting to plead to such a declaration , thereby admits the cause of action as stated , and the damages may be ascertained by the clerk , without the intervention of a jury . Writ ...
... action , after a judgment by default . 2. The defendant omitting to plead to such a declaration , thereby admits the cause of action as stated , and the damages may be ascertained by the clerk , without the intervention of a jury . Writ ...
Strana 39
... action , whether he elected to consider the wager as illegal and at an end ; or whether he awaited the final decision , which in effect , decided that the wa- ger was neither lost or won . The latter course was pursued , and this action ...
... action , whether he elected to consider the wager as illegal and at an end ; or whether he awaited the final decision , which in effect , decided that the wa- ger was neither lost or won . The latter course was pursued , and this action ...
Strana 54
... action ; to which evidence under the issue joined , the the plaintiff objected ; which objection the Court overruled , and permitted the same to go the jury , and the plaintiff excepted : whereupon , the Court charged the jury , that if ...
... action ; to which evidence under the issue joined , the the plaintiff objected ; which objection the Court overruled , and permitted the same to go the jury , and the plaintiff excepted : whereupon , the Court charged the jury , that if ...
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action adm'r administrator affirmed alleged amount appears ascertained assignment assumpsit attachment attorney authorise avers bill of exceptions bond Branch Bank Chancery charge the jury Circuit Court cited common law complainant contract County Court Court of Chancery Court of Equity creditor damages debt deceased declaration decree deed defendant in error demurrer dollars entitled equity evidence execution executors fact favor fendant Fenno filed fraud garnishee given heirs Ibid indorser intestate issue John Joshua Kennedy Judge judgment justice Kinkle land levied liable lien matter ment Mobile Mobile county mortgage motion notice paid parties payable payment person plaintiff in error plea pleaded Porter Porter's Rep possession proceedings promissory note proof prosecuted proved purchase money question record recover refused rendered scire facias sheriff slaves sold statute sued sufficient suit surety sustained term testator thereon tion trial verdict witness writ of error
Oblíbené pasáže
Strana 402 - That 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 the 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 262 - The question whether a law be void for its repugnancy to the Constitution is at all times a question of much delicacy, which ought seldom, if ever, to be decided in the affirmative in a doubtful case.
Strana 262 - But it is not on slight implication and vague conjecture that the legislature is to be pronounced to have transcended its powers, and its acts to be considered as void. The opposition between the constitution and the law should be such that the judge feels a clear and strong conviction of their incompatibility with each other.
Strana 396 - any man undertaking, for hire, to carry the goods of all persons, indifferently," and in Dwight v. Brewster 10 to be "one who undertakes, for hire or reward, to transport the goods of such as choose to employ him, from place to place.
Strana 549 - The inhabitants of the ceded territory shall be incorporated in the Union of the United States and admitted as soon as possible according to the principles of the federal Constitution to the enjoyment of all the rights, advantages and immunities of citizens of the United States, and in the mean time they shall be maintained and protected in the free enjoyment of their liberty, property and the Religion which they profess.
Strana 331 - There is also a third sort of covenants, which are mutual conditions to be performed at the same time ; and in these, if one party was ready and offered to perform his part, and the other neglected or refused to perform his, he who was ready and offered has fulfilled his engagement, and may maintain an action for the default of the other though it is not certain that either is obliged to do the first act.
Strana 293 - ... and the navigable waters leading into the same, shall be common highways and forever free, as well to the inhabitants of said state as to all other citizens of the United States, without any tax, duty, impost or toll therefor.
Strana 402 - 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 a certificate of the judge, chief justice, or presiding magistrate that the said attestation is in due form.
Strana 690 - England, has, however, been modified by the seventeenth section of the statute of frauds, which enacts that " no contract for the sale of any goods, wares and merchandizes, for the price of 10 pounds sterling, or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same...
Strana 331 - There are covenants which are conditions and dependent, in which the performance of one depends on the prior performance of another, and, therefore, till this prior condition is performed, the other party is not liable to an action on his covenant.