Reports of Cases Argued and Determined in the Supreme Court of Alabama, Band 3D. Ferguson, printer, 1835 |
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Seite 40
... record , that the plaintiff could not have recovered against the de- fendant Jordon , and that from the peculiar situation of the cause . he was entitled to a judgment for costs against the plauff , though not in the form , as rendered ...
... record , that the plaintiff could not have recovered against the de- fendant Jordon , and that from the peculiar situation of the cause . he was entitled to a judgment for costs against the plauff , though not in the form , as rendered ...
Seite 43
... record does not shew that the non - suit was ordered against , or with- out the consent of the plaintiff . To sustain the judgment therefore , it might be presumed that the plaintiff did as- sent . But not relying on this ground , we ...
... record does not shew that the non - suit was ordered against , or with- out the consent of the plaintiff . To sustain the judgment therefore , it might be presumed that the plaintiff did as- sent . But not relying on this ground , we ...
Seite 45
... record shews that the issues were dis- posed of without objection made below . It cannot be just to allow a party to avail himself of a trap laid by himself . Besides , in this case , the pleas themselves were bad . No objection was ...
... record shews that the issues were dis- posed of without objection made below . It cannot be just to allow a party to avail himself of a trap laid by himself . Besides , in this case , the pleas themselves were bad . No objection was ...
Seite 54
... record remaining in Washington Cir- cuit Court of the recovery of judgment , nor of such re- versal in the Supreme Court , as the plaintiffs in their re- plication had alleged . At October term , 1828 , a ver- dict was found for the ...
... record remaining in Washington Cir- cuit Court of the recovery of judgment , nor of such re- versal in the Supreme Court , as the plaintiffs in their re- plication had alleged . At October term , 1828 , a ver- dict was found for the ...
Seite 55
... record of the Circuit Court ; the sta- tute does not require the clerk to record it ; but if it could , the proceedings of the Supreme Court cannot be proved by the records of the Circuit Court ; there would be better evidence , the record ...
... record of the Circuit Court ; the sta- tute does not require the clerk to record it ; but if it could , the proceedings of the Supreme Court cannot be proved by the records of the Circuit Court ; there would be better evidence , the record ...
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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.