Reports of Cases Argued and Determined in the Supreme Court of Alabama, Volume 143 |
From inside the book
Results 1-5 of 24
Page 189
... attachment against one S. J. McKissack . The grounds of the motion were that the verdict was contrary to the evi- dence , that the court erred in refusing certain written charges requested by the defendant , and , also , that cer- tain ...
... attachment against one S. J. McKissack . The grounds of the motion were that the verdict was contrary to the evi- dence , that the court erred in refusing certain written charges requested by the defendant , and , also , that cer- tain ...
Page 193
... attachment . " This statement is not denied , but stress is laid upon the proposition , that he did not give the names of the different merchants from whom he purchased and the amounts . It is not shown that he was asked to do so , and ...
... attachment . " This statement is not denied , but stress is laid upon the proposition , that he did not give the names of the different merchants from whom he purchased and the amounts . It is not shown that he was asked to do so , and ...
Page 411
... attachment . - If an attachment is sued out without the existence of any statutory ground therefor , it would be wrong- fally sued out , and the defendant in attachment , in an action on the attachment bond , would be entitled to ...
... attachment . - If an attachment is sued out without the existence of any statutory ground therefor , it would be wrong- fally sued out , and the defendant in attachment , in an action on the attachment bond , would be entitled to ...
Page 412
... attachment suit are re- coverable in a suit on the attachment bond , as actual damages , whether the attachment was only wrongful , or vexatious as well , if the employment of such became necessary as a result of the suing out of the ...
... attachment suit are re- coverable in a suit on the attachment bond , as actual damages , whether the attachment was only wrongful , or vexatious as well , if the employment of such became necessary as a result of the suing out of the ...
Page 413
... attachment bond , and sought to re- cover damages for the wrongful , vexatious and malicious suing out a writ of attachment against the property of the plaintiff's intestate during his life time . The condi- tions of the bond are shown ...
... attachment bond , and sought to re- cover damages for the wrongful , vexatious and malicious suing out a writ of attachment against the property of the plaintiff's intestate during his life time . The condi- tions of the bond are shown ...
Other editions - View all
Common terms and phrases
Admr adverse possession affreightment Alabama alleged appeal appellee assignments of error attorney authority averred bill Birmingham cause chancery court choses in action Circuit Court City Court claim Code Company complainant Constitution contract contributory negligence conveyance corporation court erred court of equity creditors damages debt debtor deceased decree deed defendant defendant's demurrer DENSON detinue DOWDELL duty England Mortgage Security equity evidence execution facts fendant filed fraudulent Gayle Gill Gayle ground HARALSON held indictment injury intestate issue judge judgment jurisdiction jurors jury land lien Massey MCCLELLAN ment Montgomery motion negligence notice objection opinion overruled party person petition plaintiff plea possession premises proceedings purchaser question railroad reason recover refused requested rule shown SIMPSON Southern Railway statute statutory sued sufficient suit sustained testified testimony thereof Thomas Gill tion train trespass trial trustee TYSON Union Stock Yards verdict Walker County witness
Popular passages
Page 169 - In the event of disagreement as to the amount of loss the same shall, as above provided, be ascertained by two competent and disinterested appraisers, the insured and this company each selecting one, and the two so chosen shall first select a competent and disinterested umpire; the appraisers together shall then estimate and appraise the loss, stating separately sound value and damage, and, failing to agree, shall submit their differences to the umpire; and the award in writing of any two shall determine...
Page 399 - Company, and subscribe the same; and, as often as required, shall produce for examination all books of account, bills, invoices, and other vouchers, or certified copies thereof if originals be lost, at such reasonable place as may be designated by this Company or its representative, and shall permit extracts and copies thereof to be made...
Page 399 - This entire policy, unless otherwise provided by agreement endorsed hereon or added hereto, shall be void if the insured now has or shall hereafter make or procure any other contract of insurance, whether valid or not, on property covered in whole or in part by this policy...
Page 404 - ... shall have power to waive any provision or condition of this policy except such as by the terms of this policy may be the subject of agreement indorsed hereon or added hereto, and as to such provisions and conditions no officer, agent, or representative shall have such power or be deemed or held to have waived such provisions or conditions unless such waiver, if any, shall be written upon or attached hereto...
Page 124 - ... 1. By reason of any defect in the condition of the ways, works, machinery, or plant, connected with or used in the business of the employer which arose from or had not been discovered or remedied owing to the negligence of the employer or of any person in the service of the employer and intrusted by him with the duty of seeing that the ways, works, machinery, or plant, were in proper condition; 2.
Page 169 - This company shall not be liable beyond the actual cash value of the property at the time any loss or damage occurs, and the loss or damage shall be ascertained or estimated according to such actual cash value, with proper deduction for depreciation however caused, and shall in no event exceed what it would then cost the insured to repair or replace the same with material of like kind and quality...
Page 184 - It belongs to that department to exert what are known as the police powers of the state, and to determine, primarily, what measures are appropriate or needful for the protection of the public morals, the public health, or the public safety.
Page 89 - Persons being within the degrees of consanguinity within which marriages are declared by law to be incestuous and void, who intermarry with each other, or who commit fornication or adultery with each other, are punishable by imprisonment in the state prison not less than one year nor more than fifty years.
Page 466 - Executions, have been, and are devised and contrived of Malice, Fraud, Covin, Collusion or Guile, to the End, Purpose and Intent, to delay, hinder or defraud Creditors and others of their just and lawful Actions, Suits, Debts, Accounts, Damages, Penalties, Forfeitures, Heriots, Mortuaries and Reliefs...
Page 467 - ... disturbed, hindered, delayed, or defrauded) to be clearly and utterly void, frustrate, and of none effect ; any pretence, colour, feigned consideration, expressing of use, or any other matter or thing to the contrary notwithstanding.