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 75
Page 2
The question presented on the appeal is whether the plea contains matter , besides that traversed in the replication , sufficient to constitute a defense to the action . It is a plea of no consideration for the draft , in that the ...
The question presented on the appeal is whether the plea contains matter , besides that traversed in the replication , sufficient to constitute a defense to the action . It is a plea of no consideration for the draft , in that the ...
Page 6
Plaintiff in error's counsel requested the court to instruct the jury : " If you believe from the evidence that there is a question of the ownership of this hog , no matter how slight it may be , between Joseph Rowe and Peggy Mitchell ...
Plaintiff in error's counsel requested the court to instruct the jury : " If you believe from the evidence that there is a question of the ownership of this hog , no matter how slight it may be , between Joseph Rowe and Peggy Mitchell ...
Page 7
( 3 ) If you believe from the evidence that there is a question of the ownership of this hog , no matter how slight it may be , between Joseph Rowe and Peggy Mitchell , then you must find for the defendants .
( 3 ) If you believe from the evidence that there is a question of the ownership of this hog , no matter how slight it may be , between Joseph Rowe and Peggy Mitchell , then you must find for the defendants .
Page 11
If , instead of a trial on this special plea , the case were tried under the general 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 ...
If , instead of a trial on this special plea , the case were tried under the general 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 ...
Page 13
In view of the fact that further proceedings may be had , it is proper to make some observations suggested by matter contained in the second replication to the special plea , though it is not a proper pleading .
In view of the fact that further proceedings may be had , it is proper to make some observations suggested by matter contained in the second replication to the special plea , though it is not a proper pleading .
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Common terms and phrases
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 |