Reports of Cases Argued and Determined in the Supreme Court of Alabama, Volume 2 |
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Page 73
In that case the Court refused its aid , because there was no equity antecedent to
the obligation ; but intimated , that sufficient equity could have obtained the relief .
The Chief Justice further remarks , that the course of the Court seems to be ...
In that case the Court refused its aid , because there was no equity antecedent to
the obligation ; but intimated , that sufficient equity could have obtained the relief .
The Chief Justice further remarks , that the course of the Court seems to be ...
Page 100
... assignors , hy a purchaser from the assignecs , and a deeree Rapelye and
obtained for a more perfect conveyance . ... until the creditor acquires a a lIatch v .
lien upon it . a In countries where bankrupt laws obtain , a 42 , Putnama different
...
... assignors , hy a purchaser from the assignecs , and a deeree Rapelye and
obtained for a more perfect conveyance . ... until the creditor acquires a a lIatch v .
lien upon it . a In countries where bankrupt laws obtain , a 42 , Putnama different
...
Page 111
Where Courts of Law and Equity have concurrent jurisdiction , the defendant
being about to remove , and where bail has been not obtained , it will be granted
in aid of the action at law . 3 . Where the two Courts have concurrent jurisdiction ...
Where Courts of Law and Equity have concurrent jurisdiction , the defendant
being about to remove , and where bail has been not obtained , it will be granted
in aid of the action at law . 3 . Where the two Courts have concurrent jurisdiction ...
Page 119
... for the whole amount of the debt . That Yancy had left the State , so that the
complainant could not obtain a remedy at law , by giving Austill . JULY 1829 . him
notice of a motion SUPREME COURT OF ALABAMA . 119 FRYER V. AUSTILL. ...
... for the whole amount of the debt . That Yancy had left the State , so that the
complainant could not obtain a remedy at law , by giving Austill . JULY 1829 . him
notice of a motion SUPREME COURT OF ALABAMA . 119 FRYER V. AUSTILL. ...
Page 121
106 . ment a defendant has obtained a general release , or paid the debt , and
satisfaction is not entered of record , the ancient method of redress was by writ of
audita qucrcla , which Fryer JULY 1829 . was in the nature of an 16 SUPREME ...
106 . ment a defendant has obtained a general release , or paid the debt , and
satisfaction is not entered of record , the ancient method of redress was by writ of
audita qucrcla , which Fryer JULY 1829 . was in the nature of an 16 SUPREME ...
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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 |