Southern Reporter, Volume 5West Publishing Company, 1889 - Law reports, digests, etc Includes the decisions of the Supreme Courts of Alabama, Florida, Louisiana, and Mississippi, the Appellate Courts of Alabama and, Sept. 1928/Jan. 1929-Jan./Mar. 1941, the Courts of Appeal of Louisiana. |
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Page 24
It is therefore ordered and decreed that the judgment appealed from be reversed ; and it is now ordered and decreed that the application for a mandamus herein be refused , with costs . 9 STATE 0. HENDRICKS et al .
It is therefore ordered and decreed that the judgment appealed from be reversed ; and it is now ordered and decreed that the application for a mandamus herein be refused , with costs . 9 STATE 0. HENDRICKS et al .
Page 31
The application rests on the fact of the absence on the day of trial of an alleged material witness residing in another parish , ordered to be summoned , and concerning whom no return had been made . It appears that some seven days ...
The application rests on the fact of the absence on the day of trial of an alleged material witness residing in another parish , ordered to be summoned , and concerning whom no return had been made . It appears that some seven days ...
Page 34
SAME - HEARING - APPLICATION . Where the hearing of an application for an injunction is upon bill , answer , and affidavits in support of the bill , and the answer fails to explain as fully as it should one point material in the ...
SAME - HEARING - APPLICATION . Where the hearing of an application for an injunction is upon bill , answer , and affidavits in support of the bill , and the answer fails to explain as fully as it should one point material in the ...
Page 42
... who made application to him to rent it recently , replied : “ Yes , sir ; I know very little about it . All I know is Mr. Wooten came to me , and asked me if the room was to let . He asked me if I knew him . I said , No , sir .
... who made application to him to rent it recently , replied : “ Yes , sir ; I know very little about it . All I know is Mr. Wooten came to me , and asked me if the room was to let . He asked me if I knew him . I said , No , sir .
Page 60
The defendant's counsel , in their application , propound this question , viz .: “ Why not declare document ' A ' to be a sale , and , at the same time , de cree that the Kilpatrick heirs shall be paid , by preference , out of the ...
The defendant's counsel , in their application , propound this question , viz .: “ Why not declare document ' A ' to be a sale , and , at the same time , de cree that the Kilpatrick heirs shall be paid , by preference , out of the ...
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Popular passages
Page 43 - By the law of the land is most clearly intended the general law; a law which hears before it condemns; which proceeds upon inquiry, and renders judgment only after trial.
Page 100 - Every law that alters the legal rules of evidence and receives less or different testimony than the law required at the time of the commission of the offense, in order to convict the offender.
Page 521 - ... nor for omitting to state the time at which the offence was committed in any case where time is not of the essence of the offence, nor for stating the time imperfectly, nor for stating the offence to have been committed on a day subsequent to the finding of the indictment, or on an impossible day, or on a day that never happened...
Page 420 - No law shall be revived, amended, or the provisions thereof extended, or conferred by reference to its title only, but so much thereof as is revived, amended, extended, or conferred, shall be reenacted, and published at length.
Page 447 - ... close the mind against the testimony that may be offered in opposition to them, which will combat that testimony and resist its force, do constitute a sufficient objection to him.
Page 458 - Where after the commencement of this act personal injury is caused to a workman (1) By reason of any defect in the condition of the ways, works, machinery, or plant connected with or used in the business of the employer...
Page 17 - The accused shall enjoy the right to be informed of the nature and cause of the accusation...
Page 216 - Assembly and its committees, shall be performed under contract to be given to the lowest responsible bidder below such maximum price and under such regulations as shall be prescribed by law...
Page 16 - ... and thereupon such person shall be liable to be punished in the same manner as if he had been convicted upon an indictment for...
Page 243 - Sometimes by mistake the written agreement contains less than tho parties intended; sometimes it contains more; and sometimes it simply varies from their intent by expressing something different in substance from the truth of that intent. In all. such cases, if the mistake is clearly made out by proofs entirely satisfactory, equity will reform the contract, so as to make it conformable to the precise intent of the parties.