Reports of Cases Argued and Determined in the Supreme Court of Alabama, Volume 43 |
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Halaman 17
... [ INDICTMENT FOR BURGLARY . ] 1. Ourtilage ; what will be held to be within . — On an indictment for burglary , a smoke - house , the front part and door of which , is in the yard of the dwelling house , although the rear is not , being ...
... [ INDICTMENT FOR BURGLARY . ] 1. Ourtilage ; what will be held to be within . — On an indictment for burglary , a smoke - house , the front part and door of which , is in the yard of the dwelling house , although the rear is not , being ...
Halaman 19
... indictment . " 2d . " If the jury believe , from the testimony , that the prisoner entered the smoke - house , by permission and direc- tion of the wife of the owner , and threw the meat over between the ceiling and weather - boards ...
... indictment . " 2d . " If the jury believe , from the testimony , that the prisoner entered the smoke - house , by permission and direc- tion of the wife of the owner , and threw the meat over between the ceiling and weather - boards ...
Halaman 20
... indictment charges that the offense was com- mitted in a ' smoke house . ' The evidence sustains this allegation literally . A smoke - house , under the facts in this case , is not a building within the curtilage . The proof shows that ...
... indictment charges that the offense was com- mitted in a ' smoke house . ' The evidence sustains this allegation literally . A smoke - house , under the facts in this case , is not a building within the curtilage . The proof shows that ...
Halaman 21
... [ INDICTMENT FOR MURDER . ] 1. Conviction for felony ; prisoner should be asked why judgment should not be pronounced on him - failure to do so , error . - When a party is convicted of a felony , it is error for the prisoner not to be ...
... [ INDICTMENT FOR MURDER . ] 1. Conviction for felony ; prisoner should be asked why judgment should not be pronounced on him - failure to do so , error . - When a party is convicted of a felony , it is error for the prisoner not to be ...
Halaman 22
... indicted for the murder of Alfred Perry . The cause came on to be heard and tried on the first day of December , 1868 , when the following sentence and judgment was rendered against him , to - wit : Indictment for murder . " The State ...
... indicted for the murder of Alfred Perry . The cause came on to be heard and tried on the first day of December , 1868 , when the following sentence and judgment was rendered against him , to - wit : Indictment for murder . " The State ...
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Adm'r administrator admitted adverse possession Alabama alleged amended appellant appellee application assigned authority B. F. SAFFOLD Bibb bill of exceptions bond cause certificate of deposit chancellor chancery court charge the jury circuit court claim Collins complainant Confederate constitution contract cotton debt deceased declared decree deed demurrer deposit dollars duty entitled equity error evidence execution facts filed guardian ad litem husband indictment insolvent issue Johnson Joshua Collins judge of probate judgment judicial jurisdiction land legislature lien mandamus Marsh Maxey ment misjoinder Mobile Montgomery motion notice objection opinion overruled paid parties payment person petitioner plaintiff pleas Porter Bibb probate court proceedings promissory note quo warranto record refused rendered Revised Code rule separate estate sheriff statute Stephen Marsh suit supreme court term thereof Thomas Bibb tion trial trustee verdict void wife Wilcox county witness
Bagian yang populer
Halaman 247 - The Judges of the Supreme Court and the Presidents of the Courts of Common Pleas, shall at stated times, receive for their services an adequate compensation, to be fixed by law, which shall not be diminished during their continuance in office; but they shall receive no fees or perquisites of office, nor hold any other office of profit or trust under the authority of this state or the United States.
Halaman 699 - Mississippi, and the navigable waters leading into the same, shall be common highways, and forever free as well to the inhabitants of said State, as to all other citizens of the United States, without any tax, duty, impost, or toll therefor, imposed by the said State of Iowa.
Halaman 311 - Courts are the mere instruments of the law, and can will nothing. When they are said to exercise a discretion, it is a mere legal discretion, a discretion to be exercised in discerning the course prescribed by law ; and when that is discerned, it is the duty of the court to follow it.
Halaman 310 - The discretion of a judge is the law of tyrants: it is always unknown ; it is different in different men; it is casual, and depends upon constitution, temper, and passion. In the best, it is oftentimes caprice ; in the worst, it is every vice, folly, and passion to which human nature is liable.
Halaman 185 - The powers of the government of the Commonwealth of Kentucky shall be divided into three distinct departments, and each of them be confided to a separate body of magistracy, to- wit : Those which are legislative, to one ; those which are executive, to another ; and those which are judicial, to another.
Halaman 433 - It may be said, perhaps with sufficient accuracy, that acts necessary to peace and good order among citizens, such, for example, as acts sanctioning and protecting marriage and the domestic relations, governing the course of descents, regulating the conveyance and transfer of property, real and personal, and providing remedies for injuries to person and estate, and other similar acts, which would be valid if emanating from a lawful government, must be regarded in general as valid when proceeding...
Halaman 227 - The style of the laws of this State shall be: Be it enacted by the General Assembly of the State of Ohio.
Halaman 480 - WHEREAS no legal State governments or adequate protection for life or property now exists in the rebel States of Virginia, North Carolina, South Carolina, Georgia, Mississippi, Alabama, Louisiana, Florida, Texas, and Arkansas; and whereas it is necessary that peace and good order should be enforced in said States until loyal and republican State governments can be legally established...
Halaman 177 - The powers of the government of the State of Texas shall be divided into three distinct departments, each of which shall be confided to a separate body of magistracy, to wit : Those which are legislative to one, those which are executive to another, and those which are judicial to another...
Halaman 461 - The true reason of the remedy ; and then the office of all the judges is always to make such construction as shall suppress the mischief, and advance the remedy...