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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Results 1-5 of 100
Page 15
... liable un- til the obligor has failed to pay the bond according to its " tenor , " and it is by the effect of the endorsement that the endorser is made liable . But there is no doubt but the breach would have been well laid , if the ...
... liable un- til the obligor has failed to pay the bond according to its " tenor , " and it is by the effect of the endorsement that the endorser is made liable . But there is no doubt but the breach would have been well laid , if the ...
Page 30
... liable thereon to a remote endorsee . A bill of exchange on Searcy , in favor of Erskine for $ 80 , drawn on 25th September , 1819 , was accepted on 1st April , 1821. On 24th October , 1822 , Erskine as- signed it to Arthur M. Henderson ...
... liable thereon to a remote endorsee . A bill of exchange on Searcy , in favor of Erskine for $ 80 , drawn on 25th September , 1819 , was accepted on 1st April , 1821. On 24th October , 1822 , Erskine as- signed it to Arthur M. Henderson ...
Page 31
... liable to a second indictment . 2. If not tried at or before the second stated term of the Court , and the delay is not on his application or with his consent , he must be discharged , although the trial has been prevented by the ...
... liable to a second indictment . 2. If not tried at or before the second stated term of the Court , and the delay is not on his application or with his consent , he must be discharged , although the trial has been prevented by the ...
Page 34
... liable . The judgement must be reversed . REYNOLDS v . SPEERS . The overseer of a public road , is not authorized to take timber for re- pairs , & c . , without the owner's consent . In the Circuit Court of Bibb county , Reynolds ...
... liable . The judgement must be reversed . REYNOLDS v . SPEERS . The overseer of a public road , is not authorized to take timber for re- pairs , & c . , without the owner's consent . In the Circuit Court of Bibb county , Reynolds ...
Page 47
... liable to vendee , though there be no special contract , or fraud on his part tra- THIS was an appeal from the judgement of a justice of the peace to the Circuit Court of Monroe county . The action was brought to recover the amount of a ...
... liable to vendee , though there be no special contract , or fraud on his part tra- THIS was an appeal from the judgement of a justice of the peace to the Circuit Court of Monroe county . The action was brought to recover the amount of a ...
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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...