The Southern Reporter, Volume 70West Publishing Company, 1916 - Law reports, digests, etc |
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Page 4
... amended , Acts 1909 , p . 14 ) of the Code of 1907. The effect of the first is to provide that the proof of a written instrument the foundation of the suit , is not an issuable fact , unless the execution thereof is denied by an ...
... amended , Acts 1909 , p . 14 ) of the Code of 1907. The effect of the first is to provide that the proof of a written instrument the foundation of the suit , is not an issuable fact , unless the execution thereof is denied by an ...
Page 13
... amended said count by adding thereto , at the end thereof , the following : " And plaintiff avers that he also lost ... amendment , when construed most strongly against the pleader , hardly cures the defect pointed out , in that it fails ...
... amended said count by adding thereto , at the end thereof , the following : " And plaintiff avers that he also lost ... amendment , when construed most strongly against the pleader , hardly cures the defect pointed out , in that it fails ...
Page 14
... amended to meet the defects discussed . [ 5 ] The defendant assigns and urges as error the giving of a number of designated written charges at the request of plaintiff's counsel . Plaintiff's counsel , while insisting that the charges ...
... amended to meet the defects discussed . [ 5 ] The defendant assigns and urges as error the giving of a number of designated written charges at the request of plaintiff's counsel . Plaintiff's counsel , while insisting that the charges ...
Page 41
... AMENDED PETITION . 295 , 300 - SEPARA- Realizing , doubtless , the weakness of his case as propounded in the pleadings , the learned counsel for plaintiff has sought in this court to shift the grounds of the suit , by contending that ...
... AMENDED PETITION . 295 , 300 - SEPARA- Realizing , doubtless , the weakness of his case as propounded in the pleadings , the learned counsel for plaintiff has sought in this court to shift the grounds of the suit , by contending that ...
Page 42
... amended and supplemental petition , was a separate demand , and was so treated and disposed of in the judgment below . The right of the plaintiff to alimony does not depend on her right to amend and sup- plement her original petition by ...
... amended and supplemental petition , was a separate demand , and was so treated and disposed of in the judgment below . The right of the plaintiff to alimony does not depend on her right to amend and sup- plement her original petition by ...
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Common terms and phrases
action adverse possession Affirmed Alabama alleged amended APPEAL AND ERROR Appeal from Circuit appellant appellee authority averments Bank bill of exceptions Birmingham bond cause Cent charge Circuit Court claim Code Company complainant Constitution contract corporation court of equity criminal CRIMINAL LAW damages decree deed defendant defendant's demurrer dence detinue Digests and Indexes district court duty equity evidence execution fact fendant filed garnishee Gibsland held injunction injury issue judge jurisdiction jury Key-Numbered Digests land liability Louisiana Lumber MCCLELLAN ment Miss Mobile County mortgage negligence Note.-For opinion Orleans parish parties payment person petition plaintiff in error plea pleadings possession purchase question railroad reason remanded rendered Reversed rule Shreveport South statute suit supra Supreme Court surety Syllabus testified testimony thereof tiff tion topic and KEY-NUMBER trial verdict wife witness writ
Popular passages
Page 371 - A classification having some reasonable basis does not offend against that clause merely because it is not made with mathematical nicety or because in practice it results in some inequality. 3. When the classification in such a law is called in question, if any state of facts reasonably can be conceived that would sustain it, the existence of that state of facts at the time the law was enacted must be assumed. 4. One who assails the classification in such a law must carry the burden of showing that...
Page 359 - The legislature cannot delegate its power to make a law; but it can make a law to delegate a power to determine some fact or state of things upon which the law makes, or intends to make, its own action depend. To deny this would be to stop the wheels of government. There are many things upon which wise and useful legislation must depend which cannot be known to the law-making power, and must, therefore, be a subject of inquiry and determination outside of the halls of legislation.
Page 308 - The notice may be given by or on behalf of the holder, or by or on behalf of any party to the instrument who might be compelled to pay it to the holder, and who, upon taking it up, would have a right to reimbursement from the party to whom the notice is given.
Page 57 - A motion for a new trial based on the ground of newly discovered evidence may be made only before or within two years after final judgment, but if an appeal is pending the court may grant the motion only on remand of the case.
Page 218 - USCA § 379), it is provided that "the writ of injunction shall not be granted by any court of the United States to stay proceedings in any court of a state, except in cases where such injunction may be authorized by any law relating to proceedings in bankruptcy.
Page 28 - ... the sections shall be numbered respectively, beginning with the number one in the northeast section, and proceeding west and east alternately, through the township, with progressive numbers, till the thirty-sixth be completed.
Page 310 - Notice of dishonour may be given by an agent either in his own name, or in the name of any party entitled to give notice whether that party be his principal or not.
Page 310 - Except as herein otherwise provided, when a negotiable instrument has been dishonored by nonacceptance or nonpayment, notice of dishonor must be given to the drawer and to each indorser, and any drawer or indorser to whom such notice is not given is discharged.
Page 216 - The doctrines of this Court ought to be as well settled, and made as uniform almost, as those of the common law, laying down fixed principles, but taking care that they are to be applied according to the circumstances of each case.
Page 124 - Children, wherever they go, must be expected to act upon childish instincts and impulses; and others, who are chargeable with a duty of care and caution towards them, must calculate upon this, and take precautions accordingly. If they leave exposed to the observation of children anything which would be tempting to them, and which they in their immature judgment might naturally suppose they were at liberty to handle or play with, they should expect that liberty to be taken.