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 5
... Judge of Wilcox Connty Court , use , & c . 34 es Pharr , 332 125 Kellar and Sprowl et al . 1 382 237 154 Lee and Casey vs White , adm'r . Lewin and Wyser and Hunt , 178 138 Condry et al . vs Henley & Murphy , Craig es Carswell's ex or ...
... Judge of Wilcox Connty Court , use , & c . 34 es Pharr , 332 125 Kellar and Sprowl et al . 1 382 237 154 Lee and Casey vs White , adm'r . Lewin and Wyser and Hunt , 178 138 Condry et al . vs Henley & Murphy , Craig es Carswell's ex or ...
Halaman 34
... Judge . 2. So , where a witness was allowed to be examined in a suit , by a defendant , after the plaintiff had closed his rebutting testi- mony , on the ground , ( as expressed by the Court , ) that new facts had been disclosed , such ...
... Judge . 2. So , where a witness was allowed to be examined in a suit , by a defendant , after the plaintiff had closed his rebutting testi- mony , on the ground , ( as expressed by the Court , ) that new facts had been disclosed , such ...
Halaman 40
... judge . We must often make the routine of busi- ness subservient to the justice of particular cases.— It may unavoidably happen , that the rebutting evi- dence , ( as was thought by the judge here , ) may de- mand resistance or ...
... judge . We must often make the routine of busi- ness subservient to the justice of particular cases.— It may unavoidably happen , that the rebutting evi- dence , ( as was thought by the judge here , ) may de- mand resistance or ...
Halaman 41
... Judge a judicial discretion on this point , to be used for the advance- ment of justice ; but so regulated as to avoid embar- rassment , as far as practicable , and prevent surprise or injury to either party . As to this exception ...
... Judge a judicial discretion on this point , to be used for the advance- ment of justice ; but so regulated as to avoid embar- rassment , as far as practicable , and prevent surprise or injury to either party . As to this exception ...
Halaman 43
... Judge directly assume the right , to determine whether or not the agency had been proved , yet he admitted the proof which he considered evidence only on the supposi- tion that the first sale had been consummated , so as to admit of the ...
... Judge directly assume the right , to determine whether or not the agency had been proved , yet he admitted the proof which he considered evidence only on the supposi- tion that the first sale had been consummated , so as to admit of the ...
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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...