Reports of Cases Argued and Determined in the Supreme Court of Alabama, Band 3D. Ferguson, printer, 1835 |
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Seite 10
... fact of notice to sue ; he also proved that Hobbs stated that the reason he had not sued was , that Pat- ton had told him that he would pay it as soon as he could get it by law . Patton , the administrator , examined by the defendants ...
... fact of notice to sue ; he also proved that Hobbs stated that the reason he had not sued was , that Pat- ton had told him that he would pay it as soon as he could get it by law . Patton , the administrator , examined by the defendants ...
Seite 11
... fact . The statute is only cumulative ; the defence insisted on , if available , was good to the action at law , and having been waived there , cannot now be insisted on . d d1 Lattell 139 . No discovery is prayed , but such proof is ...
... fact . The statute is only cumulative ; the defence insisted on , if available , was good to the action at law , and having been waived there , cannot now be insisted on . d d1 Lattell 139 . No discovery is prayed , but such proof is ...
Seite 13
... fact supports it in several respects . In the argument , it was contended on the part of the ap- pellants , that the neglect to sue on request the administra- tor of the principal , and the consequent accruing of injury to the ...
... fact supports it in several respects . In the argument , it was contended on the part of the ap- pellants , that the neglect to sue on request the administra- tor of the principal , and the consequent accruing of injury to the ...
Seite 17
... fact been injured or not , by the extension of time ; that injury would be presumed , where an extension of time was given with- out the consent of the surety . He cited 1 Stewart 262 , 2 Stewart 63 . HOPKINS , in conclusion , insisted ...
... fact been injured or not , by the extension of time ; that injury would be presumed , where an extension of time was given with- out the consent of the surety . He cited 1 Stewart 262 , 2 Stewart 63 . HOPKINS , in conclusion , insisted ...
Seite 26
... fact , between this transaction and one in which the parties should pass the money backwards and forwards . Lewis had the right to pay the money to the witness for the debt he owed to Gullett , and the witness could lawfully have handed ...
... fact , between this transaction and one in which the parties should pass the money backwards and forwards . Lewis had the right to pay the money to the witness for the debt he owed to Gullett , and the witness could lawfully have handed ...
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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.