Select Cases Argued and Determined in the Supreme Court of Alabama, During the Years 1861-'62-'63, Volume 1Montgomery Advertiser Book and Job Office, 1864 - 792 halaman |
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Halaman 125
... decree was reversed by this court , at its January term , 1856 , and the cause was remanded . - See 28 Ala . 267 . On the 30th May , 1857 , a bill of revivor was filed , in the names of M. V. Lacy , as the administrator de bonis non of ...
... decree was reversed by this court , at its January term , 1856 , and the cause was remanded . - See 28 Ala . 267 . On the 30th May , 1857 , a bill of revivor was filed , in the names of M. V. Lacy , as the administrator de bonis non of ...
Halaman 127
... decree therein rendered would not , in any future litigation , be binding on the wife.- 9 Paige , 247 , and cases cited ; Story's Eq . Pl . § 61 . 2. Where new matter is brought forward by amend- ment , which will affect the opposite ...
... decree therein rendered would not , in any future litigation , be binding on the wife.- 9 Paige , 247 , and cases cited ; Story's Eq . Pl . § 61 . 2. Where new matter is brought forward by amend- ment , which will affect the opposite ...
Halaman 128
... decree for costs could not have been rendered against her . - Sto . Eq . Pl . §§ 61 , 361 ; Grant v . Van Schoonhaven , 9 Paige , 255 ; Hughes v . Evans , 1 Sim . & Stu . 185 ; Reeves v . Dudley , 2 Sim . & Stu . 464 ; Ow- den v ...
... decree for costs could not have been rendered against her . - Sto . Eq . Pl . §§ 61 , 361 ; Grant v . Van Schoonhaven , 9 Paige , 255 ; Hughes v . Evans , 1 Sim . & Stu . 185 ; Reeves v . Dudley , 2 Sim . & Stu . 464 ; Ow- den v ...
Halaman 129
... decree of the chancellor is affirmed . ROBERTS AND WIFE vs. OGBOURNE . [ BILL IN EQUITY FOR RECOVERY OF SLAVES , ACCOUNT , & c . ] 1. Bequest to " heirs of the body " construed to vest in children as pur- chasers . — Where the testator ...
... decree of the chancellor is affirmed . ROBERTS AND WIFE vs. OGBOURNE . [ BILL IN EQUITY FOR RECOVERY OF SLAVES , ACCOUNT , & c . ] 1. Bequest to " heirs of the body " construed to vest in children as pur- chasers . — Where the testator ...
Halaman 132
... decree is here assigned as error . CHILTON & GUNTER , and E. M. KERR , for the appel- lants . The bequest is in direct terms to " the heirs of the body of Sarah Bledsoe , " who had children living at the time of the execution of the ...
... decree is here assigned as error . CHILTON & GUNTER , and E. M. KERR , for the appel- lants . The bequest is in direct terms to " the heirs of the body of Sarah Bledsoe , " who had children living at the time of the execution of the ...
Istilah dan frasa umum
A. J. WALKER Adm'r administrator admission adverse possession Alabama alleged amended appellant appointment Armistead assigned as error authority averment bill of exceptions bond chancellor charged the jury choses in action circuit court claim clause Code common carrier complainant Confederate conscript constitution contract count creditors damages debts deceased declarations decree deed defendant excepted defendant's demurrer detinue discharge evidence Ex parte Hill execution executor exemption fact fendant filed habeas corpus heirs husband indictment injury intended intestate judge judgment jurisdiction land letters of administration liable ment mortgage negro objection offense officer owner party payment person petitioner Pinkston plaintiff plea possession prisoner probate court promise promissory note proof proved purchase question Railroad recover refused rule separate estate sheriff slave Smith sold statute of limitations suit surety term testator tion transhipment trial trust void wife Wilcox county William witness writ
Bagian yang populer
Halaman 583 - ... a question of law for the court, and not a question of fact for the jury.
Halaman 645 - And the powers of the general Government, and of the State, although both exist and are exercised within the same territorial limits, are yet separate and distinct sovereignties, acting separately and independently of each other, within their respective spheres. And the sphere of action appropriated to the United States is as far beyond the reach of the judicial process issued by a State judge or a State court, as if the line of division was traced b}' landmarks and monuments visible to the eye.
Halaman 702 - No State Judge or Court, after they are judicially informed that the party is imprisoned under the authority of the United States, has any right to interfere with him, or require him to be brought before them. And if the authority of a State, in the form of judicial process or otherwise, should attempt to control the Marshal, or other authorized officer or agent of the United States...
Halaman 665 - Any person who conscientiously scruples to bear arms shall not be compelled to do so, but shall pay an equivalent for personal service.
Halaman 20 - ... a confession forced from the mind by the flattery of hope, or by the torture of fear, comes in so questionable a shape, when it is to be considered as the evidence of guilt, that no credit ought to be given to it; and therefore it is rejected.
Halaman 710 - The Constitution was ordained and established by the people of the United States for themselves, for their own government and not for the government of the individual States. Each State established a constitution for itself, and, in that constitution, provided such limitations and restrictions on the powers of its particular government as its judgment dictated.
Halaman 632 - The case was submitted to the jury upon this agreed statement. The plaintiff, the city of Mobile, asked the court to charge the jury that if they believed the evidence they must find for the plaintiff. The...
Halaman 51 - Every murder perpetrated by poison, lying in wait, or any other kind of willful, deliberate, malicious, and premeditated killing; or committed in the perpetration of, or attempt to perpetrate, any arson, rape, burglary, or robbery; or perpetrated from a premeditated design unlawfully and maliciously to effect the death of any human being other than him who is killed, is murder in the first degree.
Halaman 20 - A free and voluntary confession is deserving of the highest credit, because it is presumed to flow from the strongest sense of guilt, and therefore it is admitted as proof of the crime to which it refers...
Halaman 206 - The owner, by entering into the contract, virtually agrees that in respect to the particular transaction, the carrier is not to be regarded as in the exercise of his public employment; but as a private person, who incurs no responsibility beyond that of an ordinary bailee for hire, and answerable only for misconduct or negligence.