Southern Reporter, Volume 113West Publishing Company, 1927 - 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. |
Other editions - View all
Common terms and phrases
adverse possession Affirmed agent agreement Alabama alleged amended Appeal from Circuit appellant appellee attorney authority averments bank bill BOULDIN cause of action chancery court charge Circuit Court claim Company complainant concur contract convicted Coun counsel Court of Alabama Criminal law debt deceased decree deed defendant defendant's demand demurrer denied Digests and Indexes dismissed equity error evidence executed fact fendant filed garnishee habeas corpus held husband indictment injunction issue Judge judgment jurisdiction jury Key-Numbered Digests land Lee Fisher lien lumber mandamus ment Miss mortgage motion Orleans overruled owner parties payment person petition Phipps plaintiff plaintiff in error plea proceeding prosecution purchase question quiet title Quinn Rankin County reasonable record refused Rehearing Reversed rule statute suit Supreme Court term testified testimony thereof timber tion topic and KEY-NUMBER trial court trust verdict wife witness writ
Popular passages
Page 147 - Where a drawee to whom a bill is delivered for acceptance destroys the same, or refuses within twenty-four hours after such delivery, or within such other period as the holder may allow, to return the bill accepted or nonaccepted to the holder, he will be deemed to have accepted the same.
Page 214 - ... the right of the citizen to be free in the enjoyment of all his faculties ; to be free to use them in all lawful ways ; to live and work where he will ; to earn his livelihood by any lawful calling ; to pursue any livelihood or avocation, and for that purpose to enter into all contracts which may be proper, necessary and essential to his carrying out to a successful conclusion the purposes above mentioned.
Page 215 - ... operator, or the miner was clothed with such a public interest that the price of his product or his wages could be fixed by state regulation. It is true that in the days of the early common law an omnipotent parliament did regulate prices and wages as it chose, and occasionally a colonial legislature sought to exercise the same power; but nowadays one does not devote one's property or business to the public use or clothe it with a public interest merely because one makes commodities for, and...
Page 420 - ... which render It unconscientious for the holder of the legal title to retain and enjoy the beneficial interest, equity Impresses a constructive trust on the property thus acquired in favor of the one who is truly and equitably entitled to the same, although he may never perhaps have had any legal estate therein...
Page 431 - And therefore a celebrated French writer (i), who concludes, that because Rome, Sparta, and Carthage have lost their liberties, therefore those of England in time must perish, should have recollected that Rome, Sparta, and 'Carthage, at the time when their liberties were lost, were strangers to the trial by jury.
Page 353 - Company's classification of risks and premium rates in the event that the Insured is injured after having changed his occupation to one classified by the Company as more hazardous than that stated in the policy, or while he is doing any act or thing pertaining to any occupation so classified...
Page 5 - A foreign corporation is amenable to process to enforce a personal liability, in the absence of consent, only if it is doing business within the state in such manner and to such extent as to warrant the inference that it is present there.
Page 430 - No person shall, for the same offense, be twice put in jeopardy of his life or limb, nor shall any man's property be taken or applied to public use without the consent of his representatives, and without just compensation being previously made to him.
Page 436 - Such regulations shall be made in accordance with a comprehensive plan and designed to lessen congestion in the streets ; to secure safety from fire, panic, and other dangers; to promote health and the general welfare ; to provide adequate light and air ; to prevent the overcrowding of land ; to avoid undue concentration of population ; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements.
Page 214 - The common business and callings of life, the ordinary trades and pursuits which are innocuous in themselves, and have been followed in all communities from time immemorial, must, therefore, be free in this country to all alike upon the same conditions.