Reports of Cases at Law and in Equity, Argued and Determined in the Supreme Court of Alabama, Volume 4M. J. Slade., 1837 |
Dari dalam buku
Hasil 1-5 dari 55
Halaman 12
... costs , amounting often to more than the sum in controversy , when the suit has been fairly tried upon the merits . We therefore believe this Court would not be authorised to reverse a judg- ment , because a justice had issued his ...
... costs , amounting often to more than the sum in controversy , when the suit has been fairly tried upon the merits . We therefore believe this Court would not be authorised to reverse a judg- ment , because a justice had issued his ...
Halaman 42
... cost , why could he not have been sworn as a witness for the defendants ? A mere agency does not render the individual incom- petent as a witness ; and his testimony would have been more satisfactory than his casual declarations . The ...
... cost , why could he not have been sworn as a witness for the defendants ? A mere agency does not render the individual incom- petent as a witness ; and his testimony would have been more satisfactory than his casual declarations . The ...
Halaman 51
... cost , as the circumstances may re- quire . I would , however , in all cases , require the exception to be taken and ... costs , for the omission of a requisition , which , if ever material , had long ceased to be so . Hence my dissent ...
... cost , as the circumstances may re- quire . I would , however , in all cases , require the exception to be taken and ... costs , for the omission of a requisition , which , if ever material , had long ceased to be so . Hence my dissent ...
Halaman 61
... costs . No more of the evi- dence should be inserted in the reeord , than is ne- cessary , plainly and distinctly to show its application to the opinions excepted to . It appears , from the record , that a verbal contract , was made ...
... costs . No more of the evi- dence should be inserted in the reeord , than is ne- cessary , plainly and distinctly to show its application to the opinions excepted to . It appears , from the record , that a verbal contract , was made ...
Halaman 87
... feel itself authorised , to examine the points made by the brief . The decree is reversed , and the bill dismissed , at the costs of the defendant in error . SIMPSON US . M'LAUGHLIN . SIMPSON VS. M'LAUGHLIN . 1. JANUARY TERM , 1 × 33 . 87.
... feel itself authorised , to examine the points made by the brief . The decree is reversed , and the bill dismissed , at the costs of the defendant in error . SIMPSON US . M'LAUGHLIN . SIMPSON VS. M'LAUGHLIN . 1. JANUARY TERM , 1 × 33 . 87.
Edisi yang lain - Lihat semua
Istilah dan frasa umum
action adm'r admitted aforesaid agreement alleged amount appear assumpsit authorised averred bill bond BROOKS and BROWN Carney cause certificate certiorari Chancery charge Childress Circuit Court claim common law complainant contract County Court David David L death debt declaration decree deed defendant in error demurrer detinue discharge Elizabeth entitled et ux evidence ex'or execution executor fact favor fendant filed Forbes & Co garnishee Greer HANRICK Hilliard HOGAN indorsement injunction INNERARITY issue John judge judgment jury justice land levied LEWIN and WYSER MALTBIE ment Moore mortgage Neely & Drake negroes nulla bona paid Palmer parol parties payment plaintiff in error plea plead possession principle proceedings promissory note proof proved question RAIL ROAD recover rendered scire facias sheriff slave statute sufficient suit sureties sustained term thereof tion trespass trial trust TUSCUMBIA verdict warrant Whitmell writ of error Wyatt
Bagian yang populer
Halaman 28 - The only questions which can arise between an individual claiming a right under the acts done and the public, or any person denying Its validity, are power in the officer, and fraud in the party.
Halaman 230 - June, no Writ of Fieri facias, or other Writ of Execution, shall bind the Property of the Goods against whom such Writ of Execution is sued forth, but from the Time that such Writ shall be delivered to the Sheriff...
Halaman 443 - It is the constant aim of a court of equity to do complete justice by deciding upon and settling the rights of all persons interested...
Halaman 231 - April no writ of fieri facias or other writ of execution shall bind the property of the goods of the person against whom such writ of execution is sued forth, but from the time that such writ shall be delivered to the sheriff, under-sheriff or coroners to be executed...
Halaman 73 - If the court are satisfied that the jury have made long and unavailing efforts to agree; that they are so far exhausted as to be incapable of further discussion and deliberation, this becomes a case of necessity, and requires an interference...
Halaman 50 - The sixth section declares that " all claims against the estates of deceased persons shall be presented to the executor or administrator within eighteen months after the same shall have accrued...
Halaman 377 - ... plaintiff, in his said good name fame and credit, and to bring him into public scandal, infamy, and disgrace, with and amongst all his neighbours and other good and worthy...
Halaman 28 - It is a universal principle, that, where power or jurisdiction is delegated to any public officer or tribunal over a subject-matter, and its exercise is confided to his or their discretion, the acts so done are binding and valid as to the subject-matter ; and individual rights will not be disturbed collaterally for anything done in the exercise of that discretion within the authority and power conferred. The only...
Halaman 146 - The better opinion is, that after a foreclosure, with or without a subsequent sale, the mortgagee may sue at law for the deficiency, to be ascertained in the one case, by the proceeds of the sale, and in the other, by an estimate and proof of the real value of the pledge at the time of the foreclosure.
Halaman 98 - Gray, who being elected, tried and sworn the truth to speak upon the issue joined...