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 9
... suit at law , it cannot be afterwards asserted in chancery , it is waived . 5. A bill in chancery may be dismissed at the final hearing for want of equi- ty , though there be no demurrer , and though the answer does not insist on the ...
... suit at law , it cannot be afterwards asserted in chancery , it is waived . 5. A bill in chancery may be dismissed at the final hearing for want of equi- ty , though there be no demurrer , and though the answer does not insist on the ...
Page 10
... suit ; and charge that he did not comply with their request ; that in September 1826 , the defendants brought separate suits on said note , at law , one against Robinson's adminis- trator , and the other against the complainants , and ...
... suit ; and charge that he did not comply with their request ; that in September 1826 , the defendants brought separate suits on said note , at law , one against Robinson's adminis- trator , and the other against the complainants , and ...
Page 11
... suit on the note if he did JULY 1830 . not pay it ; and that he replied that it would be entirely un- necessary , as the money would be got as soon without suit ; Herbert and that at that time he considered the estate as fully solvent ...
... suit on the note if he did JULY 1830 . not pay it ; and that he replied that it would be entirely un- necessary , as the money would be got as soon without suit ; Herbert and that at that time he considered the estate as fully solvent ...
Page 12
... suit 1 Stewart 81. at law ; the question is well settled that the Court which 1 Johns . cases first obtains jurisdiction , when it is concurrent , takes it 9 Wheat . 532. conclusively.c 192 , 496.1 HUTCHISON , in conclusion , An injury ...
... suit 1 Stewart 81. at law ; the question is well settled that the Court which 1 Johns . cases first obtains jurisdiction , when it is concurrent , takes it 9 Wheat . 532. conclusively.c 192 , 496.1 HUTCHISON , in conclusion , An injury ...
Page 13
... suit by reason of any agreement with the administrator of Robinson , and avers that no prejudice or injury has resulted in consequence of any delay to sue , and that Robinson's estate is in no worse condition than it was at the time of ...
... suit by reason of any agreement with the administrator of Robinson , and avers that no prejudice or injury has resulted in consequence of any delay to sue , and that Robinson's estate is in no worse condition than it was at the time of ...
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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.