Reports of Cases Argued and Determined in the Supreme Court of Alabama, Volume 136 |
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Common terms and phrases
action Adams administrator Admr adverse possession Alabama alleged allowed amended appeal appellee avers bill of exceptions Birmingham Birmingham Southern Railroad bond breach cars cause charges requested charges the jury Circuit Court claim Code Coffee county complaint contract contributory negligence convicted corporation count court charges crossing deceased decree deed defendant defendant's demurrer dence employes engine error facts fendant Fidelity & Deposit filed garnishee ground guilty Heflin indictment injury intestate issue judgment jury believe Keith killed land motion mules overruled paid parties payment person petition plaintiff plaintiff's intestate plea pleaded possession properly refused question Railroad Co Railroad Company Railway Randolph County reason recover damages rendered replication res adjudicata road Robertson rulings Shelton shown statute statute of limitations street sued suit Susan Keith sustained switch tending to show testified testimony thereof tiff tion to-wit track train verdict wantonness witness Wright & Gossett
Popular passages
Page 30 - It is not a mere possible doubt; because everything relating to human affairs, and depending on moral evidence, is open to some possible or imaginary doubt.
Page 312 - The rule has been established by a long series of decisions in modern times, that the question whether covenants are to be held dependent or independent of each other, is to be determined by the intention and meaning of the parties as it appears on the instrument, and by the application of common sense to each particular case; to which intention, when once discovered, all technical forms of expression must give way.
Page 312 - The distinction is very clear, where mutual covenants go to the whole of the consideration on both sides, they are mutual conditions, the one precedent to the other. But where they go only to a part, where a breach may be paid for in damages, there the defendant has a remedy on his covenant, and shall not plead it as a condition precedent.
Page 516 - The case was tried by the court without the intervention of a jury, and a judgment was rendered for the plaintiff.
Page 681 - ... if the interest of the insured be other than unconditional and sole ownership; or if the subject of insurance be a building on ground, not owned by the insured in fee simple...
Page 101 - Upon the introduction of all the evidence the defendant requested the court to give to the jury the following written charges, and separately excepted to the court's refusal to give each of them as asked : (a) " If the jury believe the evidence, they must find in favor of the deWoodward Iron Co. v. Herndon. (Ns) fendant upon the first count of the complaint." (b) " If the jury believe the evidence, the y must find for the defendant...
Page 342 - ... 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 342 - Under sub-section one of section one, unless the defect therein mentioned arose from, or had not been discovered or remedied owing to the negligence of the employer, or of some person in the service of the employer, and entrusted by him with the duty of seeing that the ways, works, machinery, or plant were in proper condition.
Page 541 - 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 324 - ... when the Governor of said State shall certify to the Secretary of the Interior, that any twenty continuous, miles of any of said roads is completed...