Reports of Cases Argued and Determined in the Supreme Court of Alabama, Volume 78

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Page 423 - Where a law is plain and unambiguous, whether it be expressed in general or limited terms, the legislature should be intended to mean what they have plainly expressed, and consequently no room is. left for construction.
Page 272 - I say, that where a given matter becomes the subject of litigation in, and of adjudication by, a court of competent jurisdiction, the court requires the parties to that litigation to bring forward their whole case, and will not (except under special circumstances) permit the same parties to open the same subject of litigation in respect of matter which might have been brought forward as part of the subject in contest, but which was not brought forward only because they have, from negligence, inadvertence,...
Page 121 - ... the assignee may recover the property, or the value of it, from the person so receiving it or so to be benefited...
Page 34 - one who undertakes to transact some business, or manage some affair, for another, by the authority and on account of the latter, and to render an account of it...
Page 392 - Where a vendor fails to deliver goods according to contract, the measure of damages is the difference between the contract price and the market value...
Page 127 - The principle seems to be established and indisputable that when two parcels of land belonging to different owners lie adjacent to each other and one parcel lies lower than the other, the lower one owes a servitude to the upper to receive the water which naturally runs from it, provided the industry of man has not been used to create the servitude...
Page 32 - one who undertakes to transact some business or to manage some affair for another, by the authority and on account of the latter, and to render an account of It" ; also that " 'agent,
Page 121 - ... attached, sequestered, or seized on execution, or makes any payment, pledge, assignment, transfer, or conveyance of any part of his property,, either directly or indirectly, absolutely or conditionally, the person receiving such payment, pledge, assignment, transfer, or conveyance, or to be benefited thereby...
Page 8 - The judge had before instructed the jury that, "when from the nature of the attack there is reasonable ground to believe that there is a design to destroy his life, or commit any felony upon his person, the killing of the assailant will be excusable homicide, although it should afterwards appear that no felony was intended.
Page 220 - Every mechanic, builder, artisan, workman, laborer, or other person, who shall do or perform any work or labor...

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