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 85
Page 9
... issue there are facts so familiarly known and cer- tain , or so completely a part of the language itself , that the court will take judicial cognizance of them . Hence they need not be proved to the jury . For example , it is judicially ...
... issue there are facts so familiarly known and cer- tain , or so completely a part of the language itself , that the court will take judicial cognizance of them . Hence they need not be proved to the jury . For example , it is judicially ...
Page 10
... issue of not guilty , the court should , of its own motion , have struck out the special plea . 2. SAME RIGHT TO POSSESSION . A present right of possession is necessary to a recovery in ejectment . 3. SAME BY HEIR AGAINST ADMINISTRATOR ...
... issue of not guilty , the court should , of its own motion , have struck out the special plea . 2. SAME RIGHT TO POSSESSION . A present right of possession is necessary to a recovery in ejectment . 3. SAME BY HEIR AGAINST ADMINISTRATOR ...
Page 11
... issue , and the matter of the plea introduced in evidence , as it might be , it would not avail unless supported by evidence that the lands were such as the adminis- tratrix was entitled to hold as subject to administration . She can be ...
... issue , and the matter of the plea introduced in evidence , as it might be , it would not avail unless supported by evidence that the lands were such as the adminis- tratrix was entitled to hold as subject to administration . She can be ...
Page 13
... issue attempted to be set up by the special plea , and it was error to permit the latter to be filed . The circuit judge would have done right had he sua sponte struck out the special plea , at the defendants ' cost , even on the ...
... issue attempted to be set up by the special plea , and it was error to permit the latter to be filed . The circuit judge would have done right had he sua sponte struck out the special plea , at the defendants ' cost , even on the ...
Page 14
... issue for the trial of these facts . For the reason indicated above , I think the judgment should be reversed , and the case remanded for further proceedings . MAY . STATE . ( Supreme Court of Alabama . July 26 , 1888. ) 1. ARSON ...
... issue for the trial of these facts . For the reason indicated above , I think the judgment should be reversed , and the case remanded for further proceedings . MAY . STATE . ( Supreme Court of Alabama . July 26 , 1888. ) 1. ARSON ...
Contents
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413 | |
457 | |
511 | |
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573 | |
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884 | |
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909 | |
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928 | |
948 | |
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968 | |
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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.