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 9
Yet on this issue there are facts so familiarly known and certain , or so completely a part of the language itself , that the ... This factthe fact that the beer sold was any one of the various kinds of beer that is made of malt - being ...
Yet on this issue there are facts so familiarly known and certain , or so completely a part of the language itself , that the ... This factthe fact that the beer sold was any one of the various kinds of beer that is made of malt - being ...
Page 12
This is an allegation of fact not clearly appearing from the declaration and replication , and is not proper matter for deinurrer . But the second cause of demurrer to this replication is more to the point , viz . , that it is not ...
This is an allegation of fact not clearly appearing from the declaration and replication , and is not proper matter for deinurrer . But the second cause of demurrer to this replication is more to the point , viz . , that it is not ...
Page 27
The counsel admit the force of the rule that when one witness swears positively to a certain fact , and other witnesses swear that they did not see the occurrence , the testimony of the former will be considered as outwrighing that of ...
The counsel admit the force of the rule that when one witness swears positively to a certain fact , and other witnesses swear that they did not see the occurrence , the testimony of the former will be considered as outwrighing that of ...
Page 28
attention , error , or defect of memory , and whether the witnesses had equal means and opportunities for ascertaining the facts to which they testify , and exercised the same . ” ( The italics are those of the writer . ) ...
attention , error , or defect of memory , and whether the witnesses had equal means and opportunities for ascertaining the facts to which they testify , and exercised the same . ” ( The italics are those of the writer . ) ...
Page 31
The application rests on the fact of the absence on the day of trial of an alleged material witness residing in another ... verified by his oath , setting forth material facts expected to be proved by a witness residing in an adjoining ...
The application rests on the fact of the absence on the day of trial of an alleged material witness residing in another ... verified by his oath , setting forth material facts expected to be proved by a witness residing in an adjoining ...
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action administrator agent agreement Alabama alleged allowed amount answer appeal appellee application assigned authority bank bill bond cause charge circuit court claim Code complainant consideration considered constitution contract creditors damages debt decree deed defendant delivered demurrer duty effect entitled equity error evidence excepted execution fact February filed further give given ground held husband intention interest issue Judge judgment jurisdiction jury land liability matter Miss mortgage necessary notice objection opinion original paid parties payment person plaintiff plea possession present proceedings proof proved purchase question railroad reasonable received record recover reference refused rendered rule secure shown sold South statute sufficient suit Supreme Court taken testimony tion trial unless 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.
Bibliographic information
| Title | Southern Reporter, Volume 5 |
| Contributors | Alabama. Supreme Court, Florida. Supreme Court, Louisiana. Supreme Court, Mississippi. Supreme Court, Alabama. Court of Appeals, Louisiana. Courts of Appeal, West Publishing Company |
| Publisher | West Publishing Company, 1889 |
| Original from | the University of California |
| Digitized | 3 Aug 2007 |
| Export Citation | BiBTeX EndNote RefMan |