Reports of Cases Argued and Determined in the Supreme Court of Alabama, Band 3D. Ferguson, printer, 1835 |
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Seite 13
... action at law , because the request to sue was not in writing as required by the act of Assembly . The answer denies that Fennell's administrators were pre- vented from bringing suit by reason of any agreement with the administrator of ...
... action at law , because the request to sue was not in writing as required by the act of Assembly . The answer denies that Fennell's administrators were pre- vented from bringing suit by reason of any agreement with the administrator of ...
Seite 29
... action against the indorser of a promissory note , under the statute of 1812 , judgment by default final may be rendered , without the inter- vention of a jury . 2. A judgment in an action of assumpsit , will not be reversed because ...
... action against the indorser of a promissory note , under the statute of 1812 , judgment by default final may be rendered , without the inter- vention of a jury . 2. A judgment in an action of assumpsit , will not be reversed because ...
Seite 30
... action of assump- sit in Madison Circuit Court , against Malone & Co. as in- dorsers . The declaration was in the usual form ; no plea was filed by the defendants , and at May term 1827 , a judg- ment by nil dioit was rendered for the ...
... action of assump- sit in Madison Circuit Court , against Malone & Co. as in- dorsers . The declaration was in the usual form ; no plea was filed by the defendants , and at May term 1827 , a judg- ment by nil dioit was rendered for the ...
Seite 31
... action , if the necessary steps to charge him have been previously taken . The judgment by nihil dicit is an admission at law that all those requisite steps had been taken ; and acknowledges the cause of action . We are all of opinion ...
... action , if the necessary steps to charge him have been previously taken . The judgment by nihil dicit is an admission at law that all those requisite steps had been taken ; and acknowledges the cause of action . We are all of opinion ...
Seite 32
... action at law . The statute of 1828 , authorizing actions at law on lost notes , is not appli- cable and cannot aid the appellees , as it was passed after this case was decided . How then stands the law independent- ly of this statute ...
... action at law . The statute of 1828 , authorizing actions at law on lost notes , is not appli- cable and cannot aid the appellees , as it was passed after this case was decided . How then stands the law independent- ly of this statute ...
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Häufige Begriffe und Wortgruppen
admitted affirmed Alabama alleged amount appear appellants assigned assumpsit attorney attorney at law authority averment bill of exceptions bond Brahan certified Chancery Circuit Court claim common law complainants consideration contract counsel County Court covenant creditor debt decision declaration decree deed defendant in error demurrer deputy discharge doctrine entitled equity evidence execution facias fact filed garnishee grant indictment indorser insolvent intestate issue JANUARY John JUDGE JULY jurisdiction juror jury justice land Laws of Ala legislature liability maker ment notice objection offence opinion overruled paid parol parties payment person plaintiff in error plea plea in abatement pleaded possession principle proceedings promise proof proved question Ragland record recover rendered reversed rule Samuel Dale scire facias sheriff shew shewn statute statute of limitations Sturgus sued sufficient suit Supreme Court surety sustained term thereof tion trial Turner usury verdict void writ of error
Beliebte Passagen
Seite 218 - And the said records and judicial proceedings authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States, as they have by law or usage in the courts of the state from whence the said records are or shall be taken.
Seite 218 - ... 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 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.
Seite 482 - A party is not to cast himself upon an obstruction which has been made by the fault of another, and avail himself of it, if he do not himself use common and ordinary caution to be in the right.
Seite 130 - or other cattle," being looked upon as much too loose to create a capital offence, the act was held to extend to nothing but mere sheep. And therefore, in the next sessions, it was found necessary to make another statute, 15 Geo. II, c. 34, extending the former to bulls, cows, oxen, steers, bullocks, heifers, calves and lambs, by name.
Seite 81 - That an alien can take by deed, and can hold until office found, must now be regarded as a positive rule of law, so well established that the reason of the rule is little more than a subject for the antiquary.
Seite 198 - Every surveyor shall note in his field book, the true situations of all mines, salt licks, salt springs, and mill seats, which shall come to his knowledge; all water courses, over which the line he runs shall pass; and also the quality of the lands...
Seite 416 - I take it to be a clear position, that if a legislative act oppugns a constitutional principle, the former must give way, and be rejected on the score of repugnance. I hold it to be a position equally clear and sound, that in such case, it will be the duty of the Court to adhere to the constitution, and to declare the act null and void.
Seite 490 - ... all, and all manner of action and actions, cause and causes of action, suits, debts, dues, sums of money, accounts...
Seite 218 - 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 the certificate of the judge, chief justice, or presiding magistrate, that the said attestation is in due form.
Seite 417 - The powers of the Government of the State of Kentucky shall be divided into three distinct departments, and each of them be 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 Judiciary to another.