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 22
... sustained or not ; yet I would not drop the slightest intimitation that it could . The only question on this point , is , whe- ther the certificate was admissible as evidence ? This must depend on the nature of the title intended to be ...
... sustained or not ; yet I would not drop the slightest intimitation that it could . The only question on this point , is , whe- ther the certificate was admissible as evidence ? This must depend on the nature of the title intended to be ...
Halaman 27
... sustained by them , is a dis- tinct question , not presented by this record , but one on which an opinion was intimated in the previous cases refered to . As respects the objection that this certificate was unaccompanied with any ...
... sustained by them , is a dis- tinct question , not presented by this record , but one on which an opinion was intimated in the previous cases refered to . As respects the objection that this certificate was unaccompanied with any ...
Halaman 49
... sustain a plea , for a matter which has been more than supplied , and has , conse- quently , ceased to be material ; and , when the effect must be to turn the plaintiff out of Court , to com- mence anew , with no prospect of enabling ...
... sustain a plea , for a matter which has been more than supplied , and has , conse- quently , ceased to be material ; and , when the effect must be to turn the plaintiff out of Court , to com- mence anew , with no prospect of enabling ...
Halaman 50
... sustain the suit . I perceive not the principle , on which demurrable matter , more materially defec- tive , shall be , at all times , amendable in the Court below , on application , either gratuitously , or on terms , in the discretion ...
... sustain the suit . I perceive not the principle , on which demurrable matter , more materially defec- tive , shall be , at all times , amendable in the Court below , on application , either gratuitously , or on terms , in the discretion ...
Halaman 52
... sustained , the filing such additional plea will not be viewed as an abandon- ment of the others , first filed - no entry appearing in the re- cord to justify such supposition . 2. Judgments are included in the statute of non - claims ...
... sustained , the filing such additional plea will not be viewed as an abandon- ment of the others , first filed - no entry appearing in the re- cord to justify such supposition . 2. Judgments are included in the statute of non - claims ...
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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
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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...