Southern Reporter, Volume 102
West Publishing Company, 1925 - Law reports, digests, etc
Includes the decisions of the Supreme Courts of Alabama, Florida, Louisiana, and Mississippi, the Appellate Courts of Alabama and, Sept. 1928/Jan. 1929-Jan./Mar. 1941, the Courts of Appeal of Louisiana.
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action Affirmed alleged allowed amount answer Appeal appellee application authority Bank bill cause charge child Circuit Court claim Code complainant considered Constitution contract conviction counsel Criminal damages death decree defendant defendant's denied district duty effect error evidence exception fact filed fixed follows further give given granted ground held injury interest issue judge judgment jury Key-Numbered Digests killing lands ment Miss mortgage motion necessary negligence notes notice objection officers opinion owner paid parties payment person petition plaintiff plea possession present proof prosecution purchase question reasonable received record refused relation rendered Reversed rule shown statement statute sufficient suit Supreme Court testified testimony thereof tion topic and KEY-NUMBER train trial wife witness
Page 329 - To constitute notice of an infirmity in the instrument or defect in the title of the person negotiating the same, the person to whom it is negotiated must have had actual knowledge of the infirmity or defect, or knowledge of such facts that his action in taking the instrument amounted to bad faith.
Page 209 - In the hands of any holder other than a holder in due course, a negotiable instrument is subject to the same defenses as if it were non-negotiable. But a holder who derives his title through a holder in due course, and who is not himself a party to any fraud or illegality affecting the instrument, has all the rights of such former holder in respect of all parties prior to the latter.
Page 389 - ... more than five hundred dollars ($500.00) or by imprisonment in the county jail for not less than ten days nor more than six months, or by both such fine and imprisonment in the discretion of the court.
Page 372 - Exchange is an unconditional order in writing, addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand or at a fixed or determinable future time, a sum certain in money to or to the order of a specified person, or to bearer.
Page 330 - an unqualified order or promise to pay is unconditional within the meaning of this Act though coupled with . . . a statement of the transaction which gives rise to the instrument.
Page 71 - Except as herein provided, the payment of a premium or installment thereof shall not maintain the policy in force beyond the date when the next premium or installment thereof is payable.
Page 82 - It may be mentioned in this place that though papers and other subjects of evidence may have been illegally taken from the possession of the party against whom they are offered or otherwise unlawfully obtained, this is no valid objection to their admissibility if they are pertinent to the issue.
Page 165 - 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 469 - The Rule against Perpetuities is not a rule of construction, but a peremptory command of law. It is not, like a rule of construction, a test, more or less artificial to determine intention. Its object is to defeat intention. Therefore, every provision in a will or settlement is to be construed as if the Rule did not exist. Then, to the provisions so construed, the Rule is to be remorselessly applied.