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. |
From inside the book
Results 1-5 of 84
Page 34
... chancellor in granting the in- junction is , as to this point , supported by the bill and the affidavits , though contro- verted by the answer to the extent that the latter goes , it cannot be said that the chancellor has abused his ...
... chancellor in granting the in- junction is , as to this point , supported by the bill and the affidavits , though contro- verted by the answer to the extent that the latter goes , it cannot be said that the chancellor has abused his ...
Page 35
... chancellor simply as an affidavit on the hear- ing , states that his intestate remained in full possession of the property up to the time of his death , December 3 , 1883 , and died in full possession of the same ; and , after his death ...
... chancellor simply as an affidavit on the hear- ing , states that his intestate remained in full possession of the property up to the time of his death , December 3 , 1883 , and died in full possession of the same ; and , after his death ...
Page 38
... chancellor committed any error or abused a sound discretion in granting the injunction . If a reasonable doubt exists as to whether the equity of a bill is sufficiently negatived by the answer to warrant a dissolution , it is not error ...
... chancellor committed any error or abused a sound discretion in granting the injunction . If a reasonable doubt exists as to whether the equity of a bill is sufficiently negatived by the answer to warrant a dissolution , it is not error ...
Page 39
... chancellor in granting the injunction can , upon the principles controlling appellate courts in such cases , be held to be against the weight of evidence , " under the second section of the act of 1861 , ( section 20 , p . 158 , McClel ...
... chancellor in granting the injunction can , upon the principles controlling appellate courts in such cases , be held to be against the weight of evidence , " under the second section of the act of 1861 , ( section 20 , p . 158 , McClel ...
Page 85
... chancellor decreed that the real estate and one - half of the personalty be equally divided among the three children of Mrs. Trawick , Mrs. Pate being one . In this there is error . The portion of Mrs. Pate should have been allotted to ...
... chancellor decreed that the real estate and one - half of the personalty be equally divided among the three children of Mrs. Trawick , Mrs. Pate being one . In this there is error . The portion of Mrs. Pate should have been allotted to ...
Contents
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Common terms and phrases
action adverse possession affirmed agent agreement alleged amended amount Appeal from circuit appellant appellee assigned authority avers bill bond chancellor chancery court charge circuit court claim Code complainant constitution contract conveyance conviction Court of Alabama court of equity creditors damages debt deceased declaration decree deed defendant defendant's demurrer entitled equity error evidence execution fact February February 28 filed garnishees ground heirs held Howard husband indictment intention Judge judgment jurisdiction jurors jury land Lee county liability lien Marion county ment mortgage offense Orleans overruled owner paid parties payment Pensacola person plaintiff plea possession probate proceedings proof purchase money question Railroad Co railroad company reasonable record recover refused remanded rendered rule sold statute statute of frauds sued suit Supreme Court sureties taxes testimony tion trial usurious vendor verdict wife witness
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.