Reports of Cases Argued and Determined in the Supreme Court of Alabama, Svazek 26 |
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action Adm'r administrator alleged appellant appellee assent assigned for error assumpsit authority averment bailment bill of exceptions bond charged the jury Circuit Court claim clause Code common law complainants contract cotton court of equity coverture creditors damages death debt deceased declaration decree deed defendant excepted defendant's demurrer detinue discharge distributees entitled equity evidence execution executor facts felony fendant filed Greenl heirs held husband indictment intention issue Jenkins John John Locke John Rodgers Joshua Kennedy judge judgment liable ment misjoinder Mobile county Montgomery mortgage negroes objection offence overruled owner parties payment person plaintiff plaintiff in error plea possession prisoner probate Probate Court promise promissory note proof proved purchase question record recover refused rendered rule separate estate sheriff slave statute steamboat sued suit sureties sustained term testator tion trial trustees verdict Walker wife Williams witness
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Strana 163 - Ala. 491, where a similar provision in our constitution came under review, and where it was held that it was not the intention of the framers of the constitution to...
Strana 167 - ... to have compulsory process for obtaining witnesses in his favor ; and in prosecutions by indictment or information, a speedy public trial, by an impartial jury of the vicinage...
Strana 442 - The powers of the government of this state are divided into three distinct departments — the legislative, executive and judicial— and no person, or collection of persons...
Strana 297 - Any person entitled to any legacy, or to a distributive share of the estate of a deceased person, at any time previous to the expiration of one year from the granting of letters testamentary or of administration, may apply to the surrogate...
Strana 310 - G68. munications, as follows: (1) "whenever the author or publisher of the alleged slander acted in the bona fide discharge of a public or private duty, legal or moral; or in the prosecution of his own rights or interests...
Strana 163 - As to the authority so conferred upon state magistrates, while a difference of opinion, has existed, and may exist still on the point, in different states, whether state magistrates are bound to act under it ; none is entertained by this Court that state magistrates may, if they choose, exercise that authority, unless prohibited by state legislation.
Strana 169 - A competent number of Justices of the Peace shall be appointed, in and for each county, in such mode, and for such term of office, as the General Assembly may direct. Their jurisdiction in civil cases shall be limited to causes in which the amount in controversy shall not exceed fifty dollars.
Strana 167 - That in all criminal prosecutions the accused shall enjoy the right to be heard by himself and counsel, to demand the nature and cause of the accusation against him...
Strana 535 - ... to take charge of it at the donor's death, the contingency can be provided for in the will. It is a matter which the testator would be likely to think of, and provide for, if necessary. If there is no such provision, and the gift is unconditional, without words of limitation or restraint, we think it may fairly be presumed that it was the intention of the donor that his donee should take the land, as a grantee would take it, with the right to immediate possession, and the full enjoyment of all...
Strana 640 - It is a well-settled principle that where the jurisdiction of an inferior court depends upon a fact which such court is required to ascertain and settle by its decision, such decision is conclusive.