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action Affirmed Alabama alleged answer Appeal appellee Attorney-General authority averments bank bill Birmingham bond cause Chancery Court Circuit Court City Court claim Code Company complaint contest contract contributory negligence conviction creditors damages debt deceased deed defendant defendant duly excepted defendant's demurrer detinue duty engine equity error execution facts fendant filed fraud garnishment give ground guilty Hooper & Co hostler indictment injury intent issue J. M. Carroll judgment jury believe land larceny lien malt liquors ment mortgage Moses Bros motion negligence objection offense opinion overruled paid parties payment person petitioner plaintiff plea Pollak possession probate proof prosecution purchase question quo warranto railroad reasonable recover requested Reynolds rule Scholze Shelby county sheriff shown sprag statute sued sufficient suit Tannehill tending to show testamentary capacity testator testified testimony thereof tion Torrey trial Tried wife witness
Seite 75 - ... or any kitchen, shop, barn, stable or other outhouse that is parcel thereof, or belonging to or adjoining thereto, whether the property of himself or of another, shall be guilty of Arson in the first degree, and upon conviction thereof, be sentenced to the penitentiary for not less than two nor more than twenty years.
Seite 457 - refused as a whole except as given," and the only exception to such refusal was in this language, "the defendant excepts to the refusal of the court to give the instructions requested by the defendant, being numbered 1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, 13, 14, 16, 17, and 21.
Seite 351 - The rules respecting a purchaser without notice, are framed for the protection of him who purchases a legal estate, and pays the purchase money without knowledge of an outstanding equity. They do not protect a person who acquires no semblance of title. Even the purchaser of an equity is bound to take notice of any prior equity.
Seite 405 - Whether the words amount to a condition or a limitation, or a covenant, may be matter of construction depending on the contract. The intention of the party to the instrument, when clearly ascertained, is of controlling efficacy; though conditions and limitations are not readily to be raised by mere inference and argument.
Seite 183 - Respondent moved for a new trial on the grounds that the verdict was contrary to the weight of the evidence, that it was a compromise verdict, and that the damages allowed were inadequate.
Seite 97 - It is not a mere possible doubt; because everything relating to human affairs, and depending on moral evidence, is open to some possible or imaginary doubt.
Seite 653 - When the language is not only plain but admits of but one meaning, the task of interpretation can hardly be said to arise.
Seite 193 - Where after the commencement of this act personal injury is caused to a workman (1) By reason of any defect in the condition of the ways, works, machinery, or plant connected with or used in the business of the employer...
Seite 397 - ... which the law tacitly annexes to every feodal donation. 2. An estate on condition expressed in the grant itself is where an estate is granted, either in fee-simple or otherwise, with an express qualification annexed, whereby the estate granted shall either commence, be enlarged, or be defeated, upon performance or breach of such qualification or condition.