Reports of Cases Argued and Determined in the Supreme Court of Alabama, Volume 111 |
Other editions - View all
Common terms and phrases
admissible adverse possession affirmative agreement Alabama Alabama Mineral Railroad alleged amended Amer appeal appellee assign assumpsit authority averred Bank bill bond charge requested circuit court claim Code complaint contract convicts corporation court of equity creditors damages debt deceased decree deed defendant defendant's demurrer dence detinue duly excepted duty engineer entitled equity error evidence execution facts favor fendant filed garnishee Griswold ground indictment issue J. M. Carroll judgment jury land levy liable lien lumber Macon County ment misjoinder mortgage negligence overruled paid party payment person plaintiff plea pleaded possession proof purchase question Railroad Company reasonable received recover refused Reggan rendered rule settlement sheriff shown Southern Bell statute Steiner & Sons sued suit sustained telephone tenant tending to show testator testified thereof Thorington tion trial trolley wire trust usury Williams Winston county witness
Popular passages
Page 67 - 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 375 - In this action the plaintiff must recover on the strength of his own title, not on the weakness of that of his adversary.
Page 152 - ... for a new trial on the ground, among others, that the verdict was excessive; appearing to have been given under the influence of passion and prejudice.
Page 91 - A doubt, to justify an acquittal, must be reasonable, and it must arise from a candid and impartial investigation of all the evidence in the case; and unless it is such that, were the same kind of doubt interposed in the graver transactions of life, it would cause a reasonable and prudent man to hesitate and pause, it is insufficient to authorize a verdict of not guilty. If, after considering all the evidence, you can say you have an abiding conviction of the truth of the charge, you are satisfied...
Page 499 - To the second and third counts the defendant demurred on the ground that there was a misjoinder of causes of action...
Page 346 - Rachel, one third of all my estate, real and personal, during her natural life and at her decease to be equally divided between my sons Nathaniel and Caleb to my daughter Betsey Holmes, wife of William Holmes the use of £65 during her natural life...
Page 452 - Upon the return of a verdict for the defendant, the plaintiff made a motion for a new trial upon several grounds, which was overruled, but it is unnecessary to set out these grounds in detail.
Page 219 - Susan, to be held, used, and enjoyed by her during her natural life, and after her death to be equally divided between * * * our children.
Page 42 - 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: (1) "If the jury believe the evidence in this case, they must find a verdict for the defendant." (2) "If the jury believe the evidence in this case, they must find a verdict for the defendant under the first count of the complaint.
Page 113 - If the principal could abide by his contract, and the surety repudiate it, the strange result would be produced, that the principal would retain the fruits of the contract, whilst the surety would avoid the performance of his obligation, on the ground of its invalidity, in direct opposition to the acts of his principal, admitting that the contract was valid.