Reports of Cases Argued and Determined in the Supreme Court of Alabama, Volume 2 |
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Page 47
Decree affirmed : Judge CRENSHAW not sitting . BRANNAN et al . y . OLIVER .
128 1 . A purchase by an administrator at his own sale , by auction , is not void /
per se : But is prima fa - ie valid , if no unfairness appears . 2 . Nor will such a sale
...
Decree affirmed : Judge CRENSHAW not sitting . BRANNAN et al . y . OLIVER .
128 1 . A purchase by an administrator at his own sale , by auction , is not void /
per se : But is prima fa - ie valid , if no unfairness appears . 2 . Nor will such a sale
...
Page 221
In Wheaton ' s Reports and Johnson ' s Chancery Reports , the same doctrine is
recognized . I 611 Wheaton With regard to the objection that no time is expressed
242 4 " John . in the decree when the infants shall impeach it on attain - Ch ...
In Wheaton ' s Reports and Johnson ' s Chancery Reports , the same doctrine is
recognized . I 611 Wheaton With regard to the objection that no time is expressed
242 4 " John . in the decree when the infants shall impeach it on attain - Ch ...
Page 326
In fact , no efficient decree can be rendered without affecting its rights . If the
Court were to proceed to decree in favor of the appellant Bk . of Darien , upon the
case presented , the decree could be no evidence against the bank , for the ...
In fact , no efficient decree can be rendered without affecting its rights . If the
Court were to proceed to decree in favor of the appellant Bk . of Darien , upon the
case presented , the decree could be no evidence against the bank , for the ...
Page 334
JANUARY 1830 . the estate , and to report to said Court within the time w limited ,
in the order or decree ; and that on the report of Wiley et al . the commissioners ,
the Court shall render a final decree , White & Les directing them to convey the ...
JANUARY 1830 . the estate , and to report to said Court within the time w limited ,
in the order or decree ; and that on the report of Wiley et al . the commissioners ,
the Court shall render a final decree , White & Les directing them to convey the ...
Page 388
The decree below , dismissing Lucas ' bill with costs , must be reversed ; and a
decree rendered in his favor , that both Atwood and the receiver pay over to him
the amount of the proceeds of Veitch ' s note , and that the administrator of A . D ...
The decree below , dismissing Lucas ' bill with costs , must be reversed ; and a
decree rendered in his favor , that both Atwood and the receiver pay over to him
the amount of the proceeds of Veitch ' s note , and that the administrator of A . D ...
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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...