Reports of Cases Argued and Determined in the Supreme Court of Alabama, Band 3D. Ferguson, printer, 1835 |
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Seite 9
... bill in chancery may be dismissed at the final hearing for want of equi- ty , though there be no demurrer , and though the answer does not insist on the want of equity by way of demurrer under the statute . THIS was a suit in Chancery ...
... bill in chancery may be dismissed at the final hearing for want of equi- ty , though there be no demurrer , and though the answer does not insist on the want of equity by way of demurrer under the statute . THIS was a suit in Chancery ...
Seite 12
... bill does not give jurisdiction , the answer cannot ; even con- sent cannot give jurisdiction . The answer need not claim the benefit of a demurrer to entitle the defendant to objec- Laws of Ala . tions to the bill ; the effect of the ...
... bill does not give jurisdiction , the answer cannot ; even con- sent cannot give jurisdiction . The answer need not claim the benefit of a demurrer to entitle the defendant to objec- Laws of Ala . tions to the bill ; the effect of the ...
Seite 13
... bill seeks relief in equity on the supposition that the defence would have been unavailing in the 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 ...
... bill seeks relief in equity on the supposition that the defence would have been unavailing in the 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 ...
Seite 14
... bill in equity ; and can by no rule of construction be extended to a denial of the power or right to dismiss a bill for want of equity , or avide Moore want of jurisdiction . V. Fennell . v . Dial . decid- ed the pres- We believe it ...
... bill in equity ; and can by no rule of construction be extended to a denial of the power or right to dismiss a bill for want of equity , or avide Moore want of jurisdiction . V. Fennell . v . Dial . decid- ed the pres- We believe it ...
Seite 15
... bills of exchange for the amount of the judgment , except the da- mages , drawn on a house in Baltimore , and endorsed by J. Cox and B. Harris , who were the suretics of the said Garner for the prosecution of the writ of error ; one bill ...
... bills of exchange for the amount of the judgment , except the da- mages , drawn on a house in Baltimore , and endorsed by J. Cox and B. Harris , who were the suretics of the said Garner for the prosecution of the writ of error ; one bill ...
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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.