Reports of Cases Argued and Determined in the Supreme Court of Alabama, Volume 2 |
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Results 1-5 of 27
Page 17
In an action by executors , the plaintiff offered the deposition of a witness , who
was shewn to be a son - in - law to the testator : Held , that he was an
incompetent witness ; though there was no further proof as to his interest . This
was an action ...
In an action by executors , the plaintiff offered the deposition of a witness , who
was shewn to be a son - in - law to the testator : Held , that he was an
incompetent witness ; though there was no further proof as to his interest . This
was an action ...
Page 111
Where the two Courts have concurrent jurisdiction , and no action at law has
been commenced , but suit in equity instituted ; the removal of the defendant will
be restrained . 4 . In cases of extreme necessity , and where it becomes
necessary to ...
Where the two Courts have concurrent jurisdiction , and no action at law has
been commenced , but suit in equity instituted ; the removal of the defendant will
be restrained . 4 . In cases of extreme necessity , and where it becomes
necessary to ...
Page 129
Stillman , b that the only gene - 04 Cowen 292 . ral proposition upon the subject
of pleading established by that case , is , that nul tiel record is the only proper
general issue in an action of debt on a State judgment ; " and the opinion of that ...
Stillman , b that the only gene - 04 Cowen 292 . ral proposition upon the subject
of pleading established by that case , is , that nul tiel record is the only proper
general issue in an action of debt on a State judgment ; " and the opinion of that ...
Page 131
That there is no endorsement of the cause of action on the writ , as required by
statute . 2 . That there is no declaration , or cause of action set forth . 3 . That the
persons named as arbitrators do not appear to have been appointed by the
parties ...
That there is no endorsement of the cause of action on the writ , as required by
statute . 2 . That there is no declaration , or cause of action set forth . 3 . That the
persons named as arbitrators do not appear to have been appointed by the
parties ...
Page 137
... on the same footing , as to negotiability , with inland bills of exchange . This
was an action of assumpsit , brought by J . J . Winston against W . F . Moseley , in
Lawrence Circuit Court , in March , 1823 , to recover on a cotton receipt , given to
...
... on the same footing , as to negotiability , with inland bills of exchange . This
was an action of assumpsit , brought by J . J . Winston against W . F . Moseley , in
Lawrence Circuit Court , in March , 1823 , to recover on a cotton receipt , given to
...
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Common terms and phrases
action administrator admitted agreement alleged amount answer appear appellant apply assigned authority bank bill bond brought cause Chancery charged Circuit Court circumstances claim common complainant consideration considered constitution contract costs County Court Court creditors debt decision decree deed defendant determined effect election entitled equity error evidence exceptions execution expressed fact favor firm fraud further give given ground held intended interest issue JANUARY John Judge judgment JULY jurisdiction jury justice land Lucas matter ment necessary notice objection obtained opinion original paid parties payment person plaintiff plea pleaded possession present principle proceedings promise proof prove purchase question reason received record recover referred rendered reversed rule seal sheriff shew statute sufficient suit sustained taken term tion trial void witness writ
Popular passages
Page 361 - The inhabitants of the said territory, shall always be entitled to the benefits of the writ of habeas corpus, and of the trial by jury; of a proportionate representation of the people in the legislature, and of judicial proceedings according to the course of the common law.
Page 87 - Morrell of the first part, and the town of North Hempstead in Queens County and State of New York, of the second part, witnesseth, that the said parties of the first part for and in consideration of the sum of one dollar lawful money of the United States of America, to them in hand paid by the said party of the second part, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged...
Page 143 - Where a law is plain and unambiguous, whether it be expressed in general or limited terms, the Legislature should be intended to mean what they have plainly expressed, and consequently no room is left for construction.
Page 310 - Where a court has jurisdiction, it has a right to decide every question which occurs in the cause ; and whether its decision be correct or otherwise, its judgment, until reversed, is regarded as binding in every other court. But if it act without authority, its judgments and orders are regarded as nullities. They are not voidable, but simply void.
Page 25 - no action shall be brought whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person, unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Page 238 - Every male person subject to none of the foregoing disqualifications, who shall have attained the age of twenty-one years, and who shall be a citizen of the United States, and...
Page 239 - In all criminal prosecutions the accused shall enjoy the right to be heard by himself and counsel; to demand the nature and cause of the accusation against him; to meet the witnesses face to face; to have compulsory process to compel the attendance of witnesses in his behalf; and in prosecutions by indictment, or information, to a speedy public trial by an impartial jury of the county or district wherein the offense shall have been committed; which county or district shall have been previously ascertained...
Page 315 - To give any binding effect to a judgment, it is essential that the court should have jurisdiction of the person, and of the subject matter; and the want of jurisdiction is a matter that may always be set up against a judgment, when sought to be enforced, or when any benefit is claimed under it. The want of jurisdiction makes it utterly void and unavailable for any purpose.
Page 206 - The test," says Judge Duncan in Swan v. Scott, 11 Serg. & R. 164, "whether a demand connected with an illegal transaction is capable of being enforced at law, is whether the plaintiff requires the aid of the illegal transaction to establish his case.
Page 88 - ... have granted, bargained, sold, assigned, transferred and set over, and by these presents do grant, bargain...
Bibliographic information
| Title | Reports of Cases Argued and Determined in the Supreme Court of Alabama, Volume 2 |
| Authors | Alabama. Supreme Court, George Noble Stewart |
| Publisher | D. Ferguson, printer, 1832 |
| Original from | Harvard University |
| Digitized | 2 Aug 2007 |
| Export Citation | BiBTeX EndNote RefMan |