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according action admitted affidavit alleged amount answer appear apply assignment attorney Auditor authority averment bill bond bound breach cause Circuit Court claim collected common considered Constitution contained contract costs damages debt debtor decided decision declaration defect defendant delivered demand demurrer dollars duty effect entered entitled error established evidence exceptions executed existence facts filed give given Governor granted ground hands held Holliday instructions interest issue Judge judgment judicial jurisdiction jury Justice liable matter motion necessary objection opinion original party payment Peace person plaintiff plea pleaded possession present principle privilege proceedings proof prove provisions question reason receipt received record refused regard resident rule satisfaction Sevier Sheriff signed statute sued sufficient suit sustained taken term testimony thereof thing tion trial true verdict whole witness writ writing
Seite 258 - to issue writs of mandamus in cases warranted by the principles and usages of law, to any courts appointed, or persons holding office, under the authority of the United States.
Seite 546 - ... defectively or imperfectly stated or omitted, and without which it is not to be presumed that either the judge would direct the jury to give or the jury would have given the verdict, such defect, imperfection, or omission is cured by the verdict...
Seite 229 - The general principle on which this species of evidence is admitted is that they are declarations made in extremity, when the party is at the point of death, and when every hope of this world is gone — when every motive to falsehood is silenced, and the mind is induced by the most powerful considerations to speak the truth. A situation so solemn and so awful is considered by the law as creating an obligation equal to that which is imposed by a positive oath, administered in a court of justice.
Seite 284 - No person or persons, belonging to one of these departments, shall exercise any of the powers properly belonging to either of the others, except in the cases herein expressly directed or permitted.
Seite 299 - All men are born equally free and independent, and have certain inherent and indefeasible rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing, and protecting property and reputation, and of pursuing their own happiness.
Seite 257 - The supreme court, except in cases otherwise directed by this constitution, shall have appellate jurisdiction only, which shall be co-extensive with the state, under such restrictions and regulations, not repugnant to this constitution, as may, from time to time, be prescribed by law...
Seite 257 - It is the essential criterion of appellate jurisdiction that it revises and corrects the proceedings in a cause already instituted, and does not create that cause.
Seite 266 - No person shall be a senator who shall not have attained the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state for which he shall be chosen.
Seite 615 - Now the general principle on which this species of evidence is admitted is that they are declarations made in extremity, when the party is at the point of death, and when every hope of this world is gone; when every motive to falsehood is silenced, and the mind is induced by the most powerful considerations to speak the truth ; a situation so solemn and so awful is considered by the law as creating an obligation equal to that which is imposed by a positive oath administered in a court of justice.
Seite 283 - The powers of the government of the State of Alabama shall be divided into three distinct departments; and each of them 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 judicial to another.