Reports of Cases Argued and Determined in the Supreme Court of Alabama, Band 3D. Ferguson, printer, 1835 |
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Seite 9
... proof of the injury , it is no defence in either court . 4. And if such defence be omitted in a suit at law , it cannot be afterwards asserted in chancery , it is waived . 5. A bill in chancery may be dismissed at the final hearing for ...
... proof of the injury , it is no defence in either court . 4. And if such defence be omitted in a suit at law , it cannot be afterwards asserted in chancery , it is waived . 5. A bill in chancery may be dismissed at the final hearing for ...
Seite 32
... proof merely of the loss of a note , 2 Camp . 381. no recovery can be had on it in any case ; the loser is e Chitty on entitled to a recovery only on the condition of indemnify- and note . ing the maker against loss ; e and where it was ...
... proof merely of the loss of a note , 2 Camp . 381. no recovery can be had on it in any case ; the loser is e Chitty on entitled to a recovery only on the condition of indemnify- and note . ing the maker against loss ; e and where it was ...
Seite 34
... proof should come from him . Whether the note was lost before or after due , is immate- rial in this case , for it was not negotiable unless indorsed . The declaration is regular , and an affidavit of the loss of the note accompanies ...
... proof should come from him . Whether the note was lost before or after due , is immate- rial in this case , for it was not negotiable unless indorsed . The declaration is regular , and an affidavit of the loss of the note accompanies ...
Seite 37
... proof . JULY 1330 . Chaudron Hunt and V. Norris . a 6 Vesey 812 . The most rational doctrine , and which is believed to prevail in the United States , is that which was recognised in the case of Pintard v Tackington , b that in an ...
... proof . JULY 1330 . Chaudron Hunt and V. Norris . a 6 Vesey 812 . The most rational doctrine , and which is believed to prevail in the United States , is that which was recognised in the case of Pintard v Tackington , b that in an ...
Seite 40
... proof at the tria ' , and because one of the joint defendants has withdrawn himself from the jurisdiction of the Court , we are told we must have our action suspended without end , or go out of Court and pay a bill of costs ; and this ...
... proof at the tria ' , and because one of the joint defendants has withdrawn himself from the jurisdiction of the Court , we are told we must have our action suspended without end , or go out of Court and pay a bill of costs ; and this ...
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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.