Reports of Cases Argued and Determined in the Supreme Court of Alabama, Volume 143 |
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Results 1-5 of 97
Page 15
... averments are thereby made material , and the defendant is entitled to judg- ment on the facts alleged in the plea . 7. Homicide ; evidence . - Where a defendant is charged with the murder of another by poison , it is competent for a ...
... averments are thereby made material , and the defendant is entitled to judg- ment on the facts alleged in the plea . 7. Homicide ; evidence . - Where a defendant is charged with the murder of another by poison , it is competent for a ...
Page 18
... aver- ments , while others contain unnecessary averments . The first and second fail to aver that the defendant killed the deceased , except possibly in an inferential way . There is , to say the least , grave doubt of their sufficiency ...
... aver- ments , while others contain unnecessary averments . The first and second fail to aver that the defendant killed the deceased , except possibly in an inferential way . There is , to say the least , grave doubt of their sufficiency ...
Page 104
... averments of said pleas that there was a valid contract existing between the defendant and the State for the payment to the de- fendant of the fee claimed , and that in this proceeding the defendant had no right to retain the fee before ...
... averments of said pleas that there was a valid contract existing between the defendant and the State for the payment to the de- fendant of the fee claimed , and that in this proceeding the defendant had no right to retain the fee before ...
Page 115
... averments of complaint ; what sufficient description of defects causing injury . - In an action for personal injuries , caused from the breaking of a bridge , or walkway , over a ditch , a count of the complaint , which alleges that ...
... averments of complaint ; what sufficient description of defects causing injury . - In an action for personal injuries , caused from the breaking of a bridge , or walkway , over a ditch , a count of the complaint , which alleges that ...
Page 118
... averments of the alleged defects in the condition of the ways , works , machinery or plant of the defendant , is too vague , indefinite and uncertain . " 2. " For that it is not pointed out in said complaint wherein the said bridge or ...
... averments of the alleged defects in the condition of the ways , works , machinery or plant of the defendant , is too vague , indefinite and uncertain . " 2. " For that it is not pointed out in said complaint wherein the said bridge or ...
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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.