Reports of Cases Argued and Determined in the Supreme Court of Alabama, Volume 119 |
From inside the book
Results 1-5 of 100
Page 8
... appeal must affirmatively show that the provision has been complied with . APPEAL from Wilcox Circuit Court . Tried before Hon . JOHN MOORE . The court granted a motion to strike defendant's mo- tion to quash the indictment , based on ...
... appeal must affirmatively show that the provision has been complied with . APPEAL from Wilcox Circuit Court . Tried before Hon . JOHN MOORE . The court granted a motion to strike defendant's mo- tion to quash the indictment , based on ...
Page 25
... appeal , and assign as error the several rulings of the trial court to which exceptions were reserved . M. M. SMITH , for appellant . - The motion to require payment of costs should have been sustained . - 23 Am . & Eng . Encyc . of Law ...
... appeal , and assign as error the several rulings of the trial court to which exceptions were reserved . M. M. SMITH , for appellant . - The motion to require payment of costs should have been sustained . - 23 Am . & Eng . Encyc . of Law ...
Page 27
... appeal . - The affidavit and writ of attachment issued by a justice of the peace under the general attachment laws and directed against the estate of the defendant generally , may , on appeal , be amended so as to enforce the landlord's ...
... appeal . - The affidavit and writ of attachment issued by a justice of the peace under the general attachment laws and directed against the estate of the defendant generally , may , on appeal , be amended so as to enforce the landlord's ...
Page 30
... appeal is taken to the circuit or city court the rule of procedure is different . The case when appealed to the city court , was triable de novo . Code , $ 488 . The levy of the attachment created a lien on the property ( Code , $ 548 ) ...
... appeal is taken to the circuit or city court the rule of procedure is different . The case when appealed to the city court , was triable de novo . Code , $ 488 . The levy of the attachment created a lien on the property ( Code , $ 548 ) ...
Page 32
... appeal to the circuit court , is a fatal departure . 2. Remedy for departure . - If the plaintiff begins his action ex con- tractu before a justice of the peace , and on appeal files a com- plaint ex delicto , a motion to strike is the ...
... appeal to the circuit court , is a fatal departure . 2. Remedy for departure . - If the plaintiff begins his action ex con- tractu before a justice of the peace , and on appeal files a com- plaint ex delicto , a motion to strike is the ...
Other editions - View all
Common terms and phrases
action affidavit Affirmed agent Alabama alleged amended appeal appellee Ashurst assignment Attalla authority averments Bank bill bill of lading Birmingham bond cars cause Chancery Court charge choses in action Circuit Court cited claim Code Coghill common carrier Company complainant complainant's contract conveyance conveyed corporation count court of equity creditors damages debt debtor deceased decree deed defendant defendant's demurrer dence dismiss duty Elyton Land Encyc entitled error estoppel evidence execution facts fendant filed fraud fraudulent garnishee ground husband injury insolvent interest issue Jefferson County judgment legal title levy liable lien loan MCCLELLAN ment mortgage motion negligence opinion overruled paid parties partnership payment person Pike county plaintiff plea possession probate question railroad Railway received refused rendered rule statute street sued sufficient suit tending to show testator testatrix testimony thereof tion track undue influence verdict void wife witness
Popular passages
Page 205 - ... hundred dollars, and may also be imprisoned in the County jail or sentenced to hard labor for the County for not more than six months.
Page 134 - Municipal and other corporations and individuals invested with the privilege of taking private property for public use, shall make just compensation for property taken, injured, or destroyed by the construction or enlargement of their works, highways, or improvements, which compensation shall be paid or secured before such taking, injury, or destruction.
Page 578 - ... 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 543 - ... it shall be unlawful for such common carrier to charge, demand, collect, or receive from any person or persons a greater or less compensation for the transportation of passengers or property, or for any service in connection therewith, than is specified in such published schedule of rates, fares, and charges as may at the time be in force.
Page 742 - Wherever two persons stand in such a relation that, while it continues, confidence is necessarily reposed by one, and the influence which naturally grows out of that confidence is possessed by the other, and this confidence is abused, or the influence is exerted to obtain an advantage at the expense of the confiding party, the person so availing himself of his position will not be permitted to retain the advantage, although the transaction could not have been impeached if no such confidential relation...
Page 474 - ... a quorum to do business ; but a smaller number may adjourn from day to day, and may compel the attendance of absent members, in such manner and under such penalties as each House may provide.
Page 364 - In writing signed by the grantor, or his agent having a written authority, is effectual to transfer the legal title to the grantee, If such was the Intention of the grantor, to be collected from the entire instrument.
Page 69 - ... for its use, or for the use of any of its shareholders or creditors; and all payments of money to either, made after the commission of an act of insolvency, or in contemplation thereof...
Page 444 - ... securely locked in a fireproof safe at night, and at all times when the store mentioned in the within policy is not actually open for business, or in some secure place not exposed to a fire which would destroy the house where such business is carried on...
Page 364 - Where a power to sell real property is given to a mortgagee, or to the grantee in any other conveyance intended to secure the payment of money, the power is deemed a part of the security, and vests in, and may be executed by any person who, by assignment or otherwise, becomes entitled to the money so secured to be paid.