Digest of Cases Decided and Reported in the Supreme Court of the State of Alabama: From 1st Alabama Reports to 7th Porter Inclusive : with the Rules of Court and Practice, and a Table of Titles and Cases : to which are Appended, the Declaration of Independence, the Constitution of the United States, the Act to Enable the People of Alabama to Form a Constitution and State Government, &c., the Constitution of the State of Alabama, and the Fee Bill Established by LawR.R. Dade and J.S. Kellogg, 1840 - 350 Seiten |
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Seite 11
... Ibid . 3. When the libel states that the libellants were merchants ; that they fur- nished stores , & c . to a certain named steam - boat ; that the amount claimed was justly due ; that the boat was duly registered and licensed , and ...
... Ibid . 3. When the libel states that the libellants were merchants ; that they fur- nished stores , & c . to a certain named steam - boat ; that the amount claimed was justly due ; that the boat was duly registered and licensed , and ...
Seite 31
... Ibid . 8. To sustain a judgment on an award , it is not necessary that the record should show the consent to the ... Ibid . 17. If an award discover on its face a palpable mistake of law or fact , ope- rating greatly to the prejudice of ...
... Ibid . 8. To sustain a judgment on an award , it is not necessary that the record should show the consent to the ... Ibid . 17. If an award discover on its face a palpable mistake of law or fact , ope- rating greatly to the prejudice of ...
Seite 32
... Ibid . 7. It is not important at what time the affidavit for bail is filed , so it be made before the order for bail . Magee v . Erwin , 5 S. & P. 54 . 8. An issue as to the sufficiency of the affidavit should be decided by the court ...
... Ibid . 7. It is not important at what time the affidavit for bail is filed , so it be made before the order for bail . Magee v . Erwin , 5 S. & P. 54 . 8. An issue as to the sufficiency of the affidavit should be decided by the court ...
Seite 36
... Ibid . 20. When an indorser holds himself liable " should the maker fail , " this differs from a general indorsement and must be specially declared on . The word " fail " is of larger import than refuse , and is equivalent to inability ...
... Ibid . 20. When an indorser holds himself liable " should the maker fail , " this differs from a general indorsement and must be specially declared on . The word " fail " is of larger import than refuse , and is equivalent to inability ...
Seite 47
... Ibid . 11. When the information , on oath , was for facts constituting a larceny- and the warrant for a robbery . The declaration avering , that the prosecu- tion to have been for a robbery , held fatal on error . Bennet v . Black , 1 S ...
... Ibid . 11. When the information , on oath , was for facts constituting a larceny- and the warrant for a robbery . The declaration avering , that the prosecu- tion to have been for a robbery , held fatal on error . Bennet v . Black , 1 S ...
Häufige Begriffe und Wortgruppen
1bid action adm'r administrator admissible affidavit alledged amended appear assigned assumpsit authority aver bill bond cause certificate certiorari chancery charge circuit court claim clerk common law contract county court covenant creditor damages debt declaration decree deed defendant demurrer detinue discharge elected entitled equity evidence ex'r execution executor filed fraud garnishee Gayle granted held Huntsville Ibid indictment indorser issue judge judgment by default jurisdiction jury justice lands liable lien ment motion necessary non est factum notice nunc pro tunc parol party payable payment person plaintiff plaintiff in error plea in abatement plead possession president proceedings promissory note proof prosecuted prove purchase money record recover rendered scire facias seal sheriff shewn slave statute sued sufficient suit supreme court sureties sustain term thereof tion Tombecbee Bank transcript trespass trial trust try title vendee vendor verdict void witness writ of error
Beliebte Passagen
Seite 299 - He is at this time transporting large armies of foreign mercenaries to complete the works of death, desolation, and tyranny, already begun with circumstances of cruelty and perfidy, scarcely paralleled in the most barbarous ages, and totally unworthy the head of a civilized nation.
Seite 325 - No Senator or Member of Assembly, shall, during the term for which he shall have been elected, be appointed to any civil office of profit under this State, which shall have been created, or the emoluments of which shall have been increased during such term, except such offices as may be filled by elections by the people.
Seite 327 - ... in case of disagreement between the two houses with respect to the time of adjournment, adjourn them to such time as he shall think proper, not beyond the time of their next annual session.
Seite 299 - Nor have we been wanting in attentions to our British Brethren We have warned them from Time to Time of attempts by their Legislature to extend an unwarrantable Jurisdiction over us...
Seite 322 - The powers of the government of the State of Alabama shall be divided into three distinct departments; and each of them 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 judicial to another.
Seite 300 - NEW JERSEY Richard Stockton John Witherspoon Francis Hopkinson John Hart Abraham Clark PENNSYLVANIA Robert Morris Benjamin Rush Benjamin...
Seite 325 - Every bill shall be read on three different days in each House, unless, in case of urgency, three-fourths of the House where such bill is so depending, shall deem it expedient to dispense with this rule : and every bill having passed both Houses, shall be signed by the Speakers of their respective Houses. SEC. 18. The style of the laws of this State shall be: "Be it enacted by the General Assembly of the State of Ohio.
Seite 307 - ... shall have been elected, and he shall not receive within that period any other emolument from the United States, or any of them. 8. Before he enter on the execution of his office he shall take the following oath or affirmation: "I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will, to the best of my ability, preserve, protect, and defend the Constitution of the United States.
Seite 324 - Jiach house during the session, may punish, by imprisonment, any person, not a member, for disrespectful or disorderly behavior in its presence, or for obstructing any of its proceedings provided that such imprisonment shall not, at any one time, exceed forty-eight hours.
Seite 307 - States; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices; and he shall have power to grant reprieves and pardons for offences against the United States, except in cases of impeachment.