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 16
... proof of the identity or locali- ty of the land , it would be void in law , for uncer- tainty ; and would not be issued in pursuance to the requisitions of law , and could have no application to the lot in controversy . The various acts ...
... proof of the identity or locali- ty of the land , it would be void in law , for uncer- tainty ; and would not be issued in pursuance to the requisitions of law , and could have no application to the lot in controversy . The various acts ...
Halaman 29
... proof of the signature of the Spanish commandant This objection is supposed to derive strength from the opinion referred to in the case of Hallett vs. Eslaca , and from a late decision of the Supreme Court of the United States . The ...
... proof of the signature of the Spanish commandant This objection is supposed to derive strength from the opinion referred to in the case of Hallett vs. Eslaca , and from a late decision of the Supreme Court of the United States . The ...
Halaman 30
... proof , would be an entire novelty in our jurisprudence , as a rule of equity , or principle of law or justice . He also declared it to be an " universal principle , that where power or jurisdiction is delegated to any public officer or ...
... proof , would be an entire novelty in our jurisprudence , as a rule of equity , or principle of law or justice . He also declared it to be an " universal principle , that where power or jurisdiction is delegated to any public officer or ...
Halaman 41
... proof to discredit the admis- sions of Baker , one of the defendants . The first enquiry on this branch of the subject is , whether or not , it was competent for these defend- ants , when sued as partners , and in a trial , on the ...
... proof to discredit the admis- sions of Baker , one of the defendants . The first enquiry on this branch of the subject is , whether or not , it was competent for these defend- ants , when sued as partners , and in a trial , on the ...
Halaman 43
... proof which he considered evidence only on the supposi- tion that the first sale had been consummated , so as to admit of the agency . How can it be known that the jury did not arrive at the conclusion , that the first sale was ...
... proof which he considered evidence only on the supposi- tion that the first sale had been consummated , so as to admit of the agency . How can it be known that the jury did not arrive at the conclusion , that the first sale was ...
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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
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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...