Reports of Cases Argued and Determined in the Supreme Court of Alabama, Band 70 |
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Seite 8
... error in ruling the defendant to trial under the cir- cumstances disclosed , the judgment of the Circuit Court , is reversed , and the cause remanded . Let the defendant remain in custody , until discharged by due course of law ...
... error in ruling the defendant to trial under the cir- cumstances disclosed , the judgment of the Circuit Court , is reversed , and the cause remanded . Let the defendant remain in custody , until discharged by due course of law ...
Seite 25
... error , in our opinion , however , in excluding the testimony of the witness Jane McElderry . There was evidence before the jury tending to prove that the defendant , Henderson , was in Rome , Georgia , at the time of the alleged ...
... error , in our opinion , however , in excluding the testimony of the witness Jane McElderry . There was evidence before the jury tending to prove that the defendant , Henderson , was in Rome , Georgia , at the time of the alleged ...
Seite 46
... error in the record , of prejudice to the appellants , and the judgment must be affirmed . 70 46 95 276 70 46 108 446 109 656 70 46 116 586 70 46 121 195 ΤΟ 46 ཊཿ ⌘egges 」 e - ༤ ཎྜ 125 66 70 46 133 392 133 547 Otis v . McMillan & Sons ...
... error in the record , of prejudice to the appellants , and the judgment must be affirmed . 70 46 95 276 70 46 108 446 109 656 70 46 116 586 70 46 121 195 ΤΟ 46 ཊཿ ⌘egges 」 e - ༤ ཎྜ 125 66 70 46 133 392 133 547 Otis v . McMillan & Sons ...
Seite 48
... error the rulings of the court below on the pleadings , and the charges given and refused . All the material facts are stated in the opinions . The case was decided in December , 1879 , but the opinion was afterwards withdrawn , and the ...
... error the rulings of the court below on the pleadings , and the charges given and refused . All the material facts are stated in the opinions . The case was decided in December , 1879 , but the opinion was afterwards withdrawn , and the ...
Seite 57
... error , present but two questions for consideration and decision , which may be thus stated : first , whether the lease from Jewett to Otis was not merged in the reversion , when that passed to Otis , by the conveyance from Vogel ...
... error , present but two questions for consideration and decision , which may be thus stated : first , whether the lease from Jewett to Otis was not merged in the reversion , when that passed to Otis , by the conveyance from Vogel ...
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Häufige Begriffe und Wortgruppen
action Adm'r administrator de bonis agreement Alabama alleged amount appeal appellee asserted Asso attachment authority averment B. O. James Bill in Equity bond chancellor Chancery Court charge Circuit Court claim Code Coltart common law complainant contract conveyance conveyed corporation court of equity coverture Coxe creditors debt deceased declared decree deed defendant demurrer distributees duty entitled evidence execution executor fact filed fraud granted Grimball Huntsville husband indictment intended interest intestate issue James & Co Jewett John judgment jurisdiction jury Kelly lands lease levied liability marriage ment Milhous mortgage mortgagor Munford paid parties payment plaintiff possession principle Probate Court promissory note purchase purchase-money railroad company relief rendered rents rule separate estate settlement sold Spedden statute statute of limitations sued suit surety term thereof tion transfer trust usurious validity vendor's lien wife witness
Beliebte Passagen
Seite 144 - The obligation of a contract is "the law which binds the parties to perform their agreement." Sturges v. Crowninshield, 4 Wheat. 122, 197; Story, op. cit., § 1378. This Court has said that "the laws which subsist at the time and place of the making of a contract, and where it is to be performed, enter into and form a part of it, as if they were expressly referred to or incorporated in its terms. This principle embraces alike those which affect its validity, construction, discharge and enforcement.
Seite 124 - If the thing wanting or which failed to be done, and which constitutes the defect in the proceedings, Is something the necessity for which the legislature might have dispensed with by prior statute, then it is not beyond the power of the Legislature to dispense with it by subsequent statute; and If the irregularity consists in doing some act, or in the mode or manner of doing some act, which the Legislature might have made immaterial by prior law, It Is equally competent to make the same immaterial...
Seite 500 - ... every alternate section of land, designated by odd numbers, for six sections in width on each side of said roads.
Seite 147 - That all political power is inherent in the people, and all free Governments are founded on their authority, and instituted for their benefit; and that they have at all times an undeniable and indefeasible right to alter their form of government in such manner as they may think expedient.
Seite 508 - ... if any of said roads are not completed within ten years, no further sale shall be made and the lands unsold shall revert to the United States.
Seite 501 - That any and all lands heretofore reserved to the United States by any act of Congress, or in any other manner by competent authority, for the purpose of aiding in any object of internal improvement, or...
Seite 501 - An,d be it further enacted, That the sections and parts of sections of land which, by such grant, shall remain to the United States, within six miles on each side of said roads, shall not be sold for less than double the minimum price of the public lands, when sold...
Seite 143 - There can be no law of this State impairing the obligation of contracts by destroying or impairing the remedy for their enforcement ; and the Legislature shall have no power to revive any right or remedy which may have become barred by lapse of time, or by any statute of this State.
Seite 501 - ... that a quantity of land not exceeding one hundred and twenty sections, and included within a continuous length of twenty miles of roads, respectively, may be sold; and when the Governor of said state shall certify to the Secretary of the Interior that any...
Seite 144 - The obligation of a contract consists in its binding force on the party who makes it. This depends on the laws in existence when it is made; these are necessarily referred to in all contracts, and forming a part of them as the measure of the obligation to perform them by the one party, and the right acquired by the other.