Reports of Cases at Law and in Equity, Argued and Determined in the Supreme Court of Alabama, Volume 4M. J. Slade., 1837 |
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Halaman 11
... facts should be submitted to one . If this had been done , it would have been the duty of the Court to have directed such an issue to have been made up , as would have se- cured a verdict upon the facts involved in the case . As it does ...
... facts should be submitted to one . If this had been done , it would have been the duty of the Court to have directed such an issue to have been made up , as would have se- cured a verdict upon the facts involved in the case . As it does ...
Halaman 18
... fact , ought to have been excluded from the ju- ry , in the Court below ; because Ryder was not a party or privy thereto , and claimed no right or title . under them ; and because , at the rendition of said decree , he held adversely to ...
... fact , ought to have been excluded from the ju- ry , in the Court below ; because Ryder was not a party or privy thereto , and claimed no right or title . under them ; and because , at the rendition of said decree , he held adversely to ...
Halaman 32
... fact that there may have been an ad- verse claimant to the property , can make no differ- ence such conveyance affects not his claim or title : it only transfers the right , whatever it may be , of one of the parties in the suit , to ...
... fact that there may have been an ad- verse claimant to the property , can make no differ- ence such conveyance affects not his claim or title : it only transfers the right , whatever it may be , of one of the parties in the suit , to ...
Halaman 35
... facts had come out . 2. The defendants relied on payment . They contended that goods were sold , by the firm , to ... fact of the goods in the first instance ) in relation to any thing subsequent , between the plaintiff and defendant ...
... facts had come out . 2. The defendants relied on payment . They contended that goods were sold , by the firm , to ... fact of the goods in the first instance ) in relation to any thing subsequent , between the plaintiff and defendant ...
Halaman 38
... facts had come out . The exceptions further show , that the defendants attempted to prove payment of all the notes by a sale of goods made by them to the plaintiff ... fact , HUTCHINS US CHILDRESS & BAKER . of the goods , 38 CASES DETERMINED.
... facts had come out . The exceptions further show , that the defendants attempted to prove payment of all the notes by a sale of goods made by them to the plaintiff ... fact , HUTCHINS US CHILDRESS & BAKER . of the goods , 38 CASES DETERMINED.
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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...