The Southern Reporter, Том 64West Publishing Company, 1914 |
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Страница 35
... plea of justification is essentially a plea asserting title to the office or franchise , and must set out the source of the title claimed by the respondent . If the plea shows a bad title , judgment may be rendered against the defendant ...
... plea of justification is essentially a plea asserting title to the office or franchise , and must set out the source of the title claimed by the respondent . If the plea shows a bad title , judgment may be rendered against the defendant ...
Страница 36
... plea of usury interposed on both trials , and the plea was held good by this court on the for- mer appeal . On the second trial the plea of usury was practically confessed by amending the complaint by striking out all of the usuri- ing ...
... plea of usury interposed on both trials , and the plea was held good by this court on the for- mer appeal . On the second trial the plea of usury was practically confessed by amending the complaint by striking out all of the usuri- ing ...
Страница 37
... plea confessed by the amendment of the complaint , abating the claim as to the whole assignment and claim- ing the principal only . [ 1 ] It therefore conclusively appears by the record proper that the trial was had as to the integrity ...
... plea confessed by the amendment of the complaint , abating the claim as to the whole assignment and claim- ing the principal only . [ 1 ] It therefore conclusively appears by the record proper that the trial was had as to the integrity ...
Страница 44
... plea was good as a plea of plaintiff's continuing negligence , and was a complete answer to counts of the com- plaint setting up defendant's subsequent negli- gence as a ground of recovery . [ Ed . Note . For other cases , see Street ...
... plea was good as a plea of plaintiff's continuing negligence , and was a complete answer to counts of the com- plaint setting up defendant's subsequent negli- gence as a ground of recovery . [ Ed . Note . For other cases , see Street ...
Страница 46
... plea 5 , which the reporter will set out , tested by the above well - known rules , is good as a plea setting up the continuing negligence of the plaintiff , and if all of the facts set up in it are true , then that it is an answer to ...
... plea 5 , which the reporter will set out , tested by the above well - known rules , is good as a plea setting up the continuing negligence of the plaintiff , and if all of the facts set up in it are true , then that it is an answer to ...
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action adverse possession Affirmed Alabama alleged amendment Anniston Appeal and Error Appeal from Circuit appellee assessment attorney Atty authority averred bank Birmingham cause Cent certiorari chancery court charge Circuit Court claim Code complainant Constitution contract corporation counsel CRIMINAL LAW decree deed defendant defendant's demurrer dence election evidence executed fact fendant filed franchise fraud held injury issue Judge judgment jurors jury land Legislature liquors Louisiana Lumber MCCLELLAN ment Miss mortgage municipal MUNICIPAL CORPORATIONS negligence Note Note.-For opinion ordinance Orleans overruled parties passenger payment person petition plaintiff plaintiff in error plea poll tax possession Prentice E proceeding purchase question quo warranto railroad company reason record Rehearing remanded rendered reversed rule Shreveport South statute suit Supreme Court sustained testified testimony thereof tiff tion train trial court verdict witness writ
Популарни одломци
Страница 3 - ... to be arrested and secured, and to cause notice of the arrest to be given to the executive authority making such demand, or to the agent of such authority appointed to receive the fugitive, and to cause the fugitive to be delivered to such agent when he shall appear.
Страница 265 - ... giving and granting unto my said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully, to all intents and purposes, as I might or could do if personally present...
Страница 20 - The rule that penal laws are to be construed strictly, is perhaps not much less old than construction itself. It is founded on the tenderness of the law for the rights of individuals; and on the plain principle that the power of punishment is vested in the legislative, not in the judicial department. It is the legislature, not the court, which is to define a crime, and ordain its punishment.
Страница 3 - The second paragraph of section 2 of article 4 of the Constitution of the United States...
Страница 347 - ... which render it unconscientious for the holder of the legal title to retain and enjoy the. beneficial interest, equity impresses a constructive trust on the property thus acquired in favor of the one who is truly and equitably entitled to the same, although he may never perhaps have had any legal estate therein...
Страница 22 - ... such suit shall be subject to the general equity jurisdiction of the court in which such receiver or manager was appointed, so far as the same shall be necessary to the ends of justice.
Страница 259 - It must not be; there is no power in Venice Can alter a decree established: 'Twill be recorded for a precedent; And many an error, by the same example, Will rush into the state: it cannot be.
Страница 84 - That it is complete and regular upon its face. (2) That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact. (3) That he took it in good faith and for value. (4) That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it.
Страница 389 - A search warrant is an order in writing, in the name of the people, signed by a magistrate, directed to a peace officer, commanding him to search for personal property, and bring it before the magistrate.
Страница 244 - The right of trial by jury, as heretofore enjoyed, shall remain inviolate; but the trial of civil cases before justices of the peace by a jury of less than twelve men, may be authorized by law.