Reports of Cases Argued and Determined in the Supreme Court of Alabama: 1827/1828, Volume 1D. Ferguson, printer, 1830 - Law reports, digests, etc |
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Page 14
... given in evidence under the common counts . The judgement must therefore be affirmed . JUDGE CRENSHAW not sitting . BRAHAN V. DEBRELL . 1. In assumpsit against endorser of a bond , that " defendant did not pay according to the tenor and ...
... given in evidence under the common counts . The judgement must therefore be affirmed . JUDGE CRENSHAW not sitting . BRAHAN V. DEBRELL . 1. In assumpsit against endorser of a bond , that " defendant did not pay according to the tenor and ...
Page 15
... given . These are stated in the bill of exceptions , and now insisted on here as the grounds on which the deposition should have been excluded . In order to prevent injury to suitors from the mode of obtaining testimony , in which the ...
... given . These are stated in the bill of exceptions , and now insisted on here as the grounds on which the deposition should have been excluded . In order to prevent injury to suitors from the mode of obtaining testimony , in which the ...
Page 24
... given them to him , his declarations made afterwards that he has not given but only lent them , are not admis- sible evidence . THIS was an action of trover in the Circuit Court of Morgan county by Stainback v . High , for three negro ...
... given them to him , his declarations made afterwards that he has not given but only lent them , are not admis- sible evidence . THIS was an action of trover in the Circuit Court of Morgan county by Stainback v . High , for three negro ...
Page 25
... given the defendant five negroes , the same number which was mentioned in the bequest . The plain- tiff offered evidence that said Samuel Lyle at other times had said , that he had not given , but had lent the negroes sent home with the ...
... given the defendant five negroes , the same number which was mentioned in the bequest . The plain- tiff offered evidence that said Samuel Lyle at other times had said , that he had not given , but had lent the negroes sent home with the ...
Page 41
... given to the jury . MCKINLEY and HOPKINS , for plaintiff . KELLY and HUTCHINSON , for defendant in error . JUDGE CRENSHAW delivered the opinion of the Court . We are of opinion that the Circuit Court erred in re- jecting the testimony ...
... given to the jury . MCKINLEY and HOPKINS , for plaintiff . KELLY and HUTCHINSON , for defendant in error . JUDGE CRENSHAW delivered the opinion of the Court . We are of opinion that the Circuit Court erred in re- jecting the testimony ...
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Common terms and phrases
action admitted affirmed alleged amount appear assignment of error assumpsit authority averment bill of exceptions bond cause cent certiorari charge Circuit Court claim common law contended contract cotton counsel County Court Court of Chancery curtesy Dallas county damages debt debtor decision declaration defendant in error delivered the opinion demand demurrer discharge endorsement evidence execution executor facts fendant filed fraud given heirs Huntsville Bank issue JANUARY John Jones JUDGE CRENSHAW JUDGE GAYLE JUDGE SAFFOLD JUDGE WHITE judgement JULY jury Laws Ala Lecatt liable matter ment misjoinder negroes non est factum notice objection obligors paid party payable payment person plaintiff in error plea plead possession Powell principle promissory note proved rate of interest received record recover rendered reversed rule sheriff shew shewn slave Standifer statute statute of frauds sued sufficient suit sustained term tion trial usury verdict villein witness writ of error
Popular passages
Page 2 - District, has deposited in this office the title of a book, the right whereof he claims as proprietor, in the words following, to wit...
Page 308 - It is a familiar canon of construction that a thing which is within the intention of the makers of a statute is as much within the statute as if it were within the letter; and a thing which is within the letter of the statute is not within the statute unless it be within the intention of the makers.
Page 586 - June no action shall be brought whereby to charge any executor or administrator upon any special promise, to answer damages out of his own estate...
Page 127 - A subsequent decision of a higher court in a different case, giving a different exposition of a point of law from the one declared and known when a settlement between parties takes place, cannot have a retrospective effect, and overturn such settlement.
Page 301 - States; and generally to do and execute all and singular the acts, matters, and things which to them it shall or may appertain to do; subject, nevertheless, to the rules, regulations, restrictions, limitations, and provisions, hereinafter prescribed and declared.
Page 301 - States : and also to make, have, and use, a common seal, and the same to break, alter, and renew, at their pleasure...
Page 75 - June, no Writ of Fieri facias, or other Writ of Execution, shall bind the Property of the Goods against whom such Writ of Execution is sued forth, but from the Time that such Writ shall be delivered to the Sheriff...
Page 507 - But judgment in such cases shall not extend further than removal from office, and disqualification to hold any office of honor, profit or trust under the government of this State.
Page 469 - If a transaction of this sort is to be deemed usurious, the same principle must apply with equal force to bank discounts, generally, for the practice is believed to be universal ; and, probably, few, if any, charters, contain an express provision, authorizing, in terms, the deduction of the interest in advance upon making loans or discounts. It has always been supposed, that an authority to discount, or make discounts, did, from the very force of the terms, necessarily include an authority to take...
Page 300 - States," and shall so continue until the third day of March, in the year one thousand eight hundred and thirty-six, and by that name shall be, and are hereby, made able and capable, in law, to have, purchase, receive, possess, enjoy, and retain, to them and their successors, lands, rents, tenements, hereditaments, goods, chattels and effects, of...