Reports of Cases Argued and Determined in the Supreme Court of Alabama, Volume 2D. Ferguson, printer, 1832 - Law reports, digests, etc |
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Results 1-5 of 96
Page 18
... exceptions , certifying , that on the trial , they offered the deposition of one Thomas Smith , a material wit- ness for them ; but the Court considering that said witness . was a son - in - law of John M'Kinney , the plaintiff's ...
... exceptions , certifying , that on the trial , they offered the deposition of one Thomas Smith , a material wit- ness for them ; but the Court considering that said witness . was a son - in - law of John M'Kinney , the plaintiff's ...
Page 23
... exceptions , that he did make all the proof he relies on . THORNTON , in reply . The locality of the land is im material ; that question was not the one reserved for re- vision here . There is no contest as to the existence of the ...
... exceptions , that he did make all the proof he relies on . THORNTON , in reply . The locality of the land is im material ; that question was not the one reserved for re- vision here . There is no contest as to the existence of the ...
Page 24
... exception to the strict execution of the statute . In 64 Cran . 235. the case of Grant v . Naylor , that distinguished ... exceptions do not let in many of the mischiefs against which the rule was intended to guard . The best Judges in ...
... exception to the strict execution of the statute . In 64 Cran . 235. the case of Grant v . Naylor , that distinguished ... exceptions do not let in many of the mischiefs against which the rule was intended to guard . The best Judges in ...
Page 26
... exception taken to the opinion of a Court , is generally accompanied by so much of the testimony given on the tri- al , as is sufficient to shew plainly the connection and mate- riality of the charge excepted to , with a correct ...
... exception taken to the opinion of a Court , is generally accompanied by so much of the testimony given on the tri- al , as is sufficient to shew plainly the connection and mate- riality of the charge excepted to , with a correct ...
Page 38
... exceptions must be explicit in setting out the necessary facts to shew the error ; and the Court will not intend that there were other facts proved than those stated . 2. Semble . That trover lies to recover back the value of property ...
... exceptions must be explicit in setting out the necessary facts to shew the error ; and the Court will not intend that there were other facts proved than those stated . 2. Semble . That trover lies to recover back the value of property ...
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Common terms and phrases
action administrator admitted agreement alleged amount answer appear appellant appellee assigned for error assumpsit authority bank Bibb bond branch bank cause certificate Chancery charged Circuit Court common law complainant consideration contract counsel County Court Court of equity creditors Darien debt debtor decision declaration decree deed defendant demurrer election equity evidence execution fact favor firm fraud fraudulent given indorsement intended interest issue JANUARY John John Lucas judgment JULY jurisdiction jury land Laws of Ala Lecatt liable Lucas Marengo county ment ne exeat negroes notice objection opinion paid parties payment person Pettus plaintiff in error plea pleaded possession principle proceedings promise proof prove purchase question Rapelye record recover rendered reversed rule SAFFOLD scire facias seal sheriff shew shewn statute statute of frauds sued sufficient suit sustained term tiel tion trial trust usury vendor void witness writ of error
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...