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 19
... writ of error , and which , after the suggestion of his death , has been prosecuted by his heirs . The questions for revision , appear from exceptions taken on the trial , and relate exclusively to the admission , by the Court , of evi ...
... writ of error , and which , after the suggestion of his death , has been prosecuted by his heirs . The questions for revision , appear from exceptions taken on the trial , and relate exclusively to the admission , by the Court , of evi ...
Halaman 45
... writ , may properly be plead in abatement . This case arose upon an action of assumpsit , com- menced in Pickens Circuit Court , by the plaintiff in error , upon a promissory note . The defendant in the Court below craved oyer of the writ ...
... writ , may properly be plead in abatement . This case arose upon an action of assumpsit , com- menced in Pickens Circuit Court , by the plaintiff in error , upon a promissory note . The defendant in the Court below craved oyer of the writ ...
Halaman 51
... writ of error , the plaintiff must be turned out of Court , charged with a bill of costs , for the omission of a requisition , which , if ever material , had long ceased to be so . Hence my dissent from the opinion of the majo rity . 52 ...
... writ of error , the plaintiff must be turned out of Court , charged with a bill of costs , for the omission of a requisition , which , if ever material , had long ceased to be so . Hence my dissent from the opinion of the majo rity . 52 ...
Halaman 53
... writ of error , was taken to this Court ; and it was insisted , that the Court erred in overruling the demurrer to the first pleas , and also that to the replication , to the last plea . Argued by S. Parsons and McClung , for the ...
... writ of error , was taken to this Court ; and it was insisted , that the Court erred in overruling the demurrer to the first pleas , and also that to the replication , to the last plea . Argued by S. Parsons and McClung , for the ...
Halaman 61
... writ of error . Argued by Pickeus and Clark , for the plaintiff in error - Stenart contra . TAYLOR , J. - The record , in this case , contains the whole of the testimony , which was introduced in the Court below , whether it be ...
... writ of error . Argued by Pickeus and Clark , for the plaintiff in error - Stenart contra . TAYLOR , J. - The record , in this case , contains the whole of the testimony , which was introduced in the Court below , whether it be ...
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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...