Reports of Cases Argued and Determined in the Supreme Court of Alabama, Volume 3D. Ferguson, printer, 1835 - Law reports, digests, etc |
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Page 10
... defendants in De cember , for $ 1516 57 , on which partial payments had been Herbert and made ; that Robinson died , and in 1824 , the complainants . feeling uneasy , verbally requested Hobbs to bring suit on the note immediately ...
... defendants in De cember , for $ 1516 57 , on which partial payments had been Herbert and made ; that Robinson died , and in 1824 , the complainants . feeling uneasy , verbally requested Hobbs to bring suit on the note immediately ...
Page 20
... defendant's cotton . The defendant proved by a witness , that his lot of cotton was of the first quality of cotton raised in that section of country . He then offered one Williamson , a witness , to prove that in the spring of 1822 , in ...
... defendant's cotton . The defendant proved by a witness , that his lot of cotton was of the first quality of cotton raised in that section of country . He then offered one Williamson , a witness , to prove that in the spring of 1822 , in ...
Page 24
... defendant under the in- struction given by the Court on the facts proved , which were as follows : The plaintiff rested his case on the pro- duction of the note . The defendant then produce a wit- ness , who deposed , that before the ...
... defendant under the in- struction given by the Court on the facts proved , which were as follows : The plaintiff rested his case on the pro- duction of the note . The defendant then produce a wit- ness , who deposed , that before the ...
Page 25
... defendant had express notice that the witness acted as attorney , and that the note belonged to the plaintiff . This feature makes it a strong case , and brings it within the in- fluence of another clear principle of law ; having full ...
... defendant had express notice that the witness acted as attorney , and that the note belonged to the plaintiff . This feature makes it a strong case , and brings it within the in- fluence of another clear principle of law ; having full ...
Page 34
... defendant , and the proof should come from him . Whether the note was lost before or after due , is immate- rial in ... defendant be found there , and that by process of foreign attachment this property be there seized ; of what avail ...
... defendant , and the proof should come from him . Whether the note was lost before or after due , is immate- rial in ... defendant be found there , and that by process of foreign attachment this property be there seized ; of what avail ...
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Common terms and phrases
admitted affirmed Alabama alleged amount appear appellants assigned assumpsit attorney attorney at law authority averment bill of exceptions bond Brahan certified Chancery Circuit Court claim common law complainants consideration contract counsel County Court covenant creditor debt decision declaration decree deed defendant in error demurrer deputy discharge doctrine entitled equity evidence execution facias fact filed garnishee grant indictment indorser insolvent intestate issue JANUARY John JUDGE JULY jurisdiction juror jury justice land Laws of Ala legislature liability maker ment notice objection offence opinion overruled paid parol parties payment person plaintiff in error plea plea in abatement pleaded possession principle proceedings promise proof proved question Ragland record recover rendered reversed rule Samuel Dale scire facias sheriff shew shewn statute statute of limitations Sturgus sued sufficient suit Supreme Court surety sustained term thereof tion trial Turner usury verdict void writ of error
Popular passages
Page 218 - And the said records and judicial proceedings authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States, as they have by law or usage in the courts of the state from whence the said records are or shall be taken.
Page 218 - ... the records and judicial proceedings of the courts of any state shall be proved or admitted, in any other court within the United States, by attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, as the case may be, that the said attestation is in due form.
Page 482 - A party is not to cast himself upon an obstruction which has been made by the fault of another, and avail himself of it, if he do not himself use common and ordinary caution to be in the right.
Page 130 - or other cattle," being looked upon as much too loose to create a capital offence, the act was held to extend to nothing but mere sheep. And therefore, in the next sessions, it was found necessary to make another statute, 15 Geo. II, c. 34, extending the former to bulls, cows, oxen, steers, bullocks, heifers, calves and lambs, by name.
Page 81 - That an alien can take by deed, and can hold until office found, must now be regarded as a positive rule of law, so well established that the reason of the rule is little more than a subject for the antiquary.
Page 198 - Every surveyor shall note in his field book, the true situations of all mines, salt licks, salt springs, and mill seats, which shall come to his knowledge; all water courses, over which the line he runs shall pass; and also the quality of the lands...
Page 416 - I take it to be a clear position, that if a legislative act oppugns a constitutional principle, the former must give way, and be rejected on the score of repugnance. I hold it to be a position equally clear and sound, that in such case, it will be the duty of the Court to adhere to the constitution, and to declare the act null and void.
Page 490 - ... all, and all manner of action and actions, cause and causes of action, suits, debts, dues, sums of money, accounts...
Page 218 - The records and judicial proceedings of the. courts of any State or Territory, or of any such country, shall be proved or admitted in any other court within the United States, by the attestation of the clerk and the seal of the court annexed, if there be a seal, together with the certificate of the judge, chief justice, or presiding magistrate, that the said attestation is in due form.
Page 417 - The powers of the Government of the State of Kentucky shall be divided into three distinct departments, and each of them be confided to a separate body of magistracy, to wit : those which are Legislative to one ; those which are Executive to another, and those which are Judiciary to another.