Reports of Cases Argued and Determined in the Supreme Court of Alabama, Том 70 |
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Страница 1
... defendant , must not only set out his true name , but must negative the fact that he was known or called by the name stated in the indict- ment . 2. Waiver of trial by jury ; revision of judgment on facts . - When a criminal prosecution ...
... defendant , must not only set out his true name , but must negative the fact that he was known or called by the name stated in the indict- ment . 2. Waiver of trial by jury ; revision of judgment on facts . - When a criminal prosecution ...
Страница 2
... defendant's name is inserted or omitted ; 3d , because the indictment alleges that the defendant's name , other than is therein expressed , is unknown to the grand jury ; 4th , because the plea does not truly set out the manner in which ...
... defendant's name is inserted or omitted ; 3d , because the indictment alleges that the defendant's name , other than is therein expressed , is unknown to the grand jury ; 4th , because the plea does not truly set out the manner in which ...
Страница 3
... defendant , from the proprietor of the hotel , the defendant saying , he " would want some tables . " It was occupied by the defendant , Thomas , and others . In the room , three tables were used in playing a game at cards , known as ...
... defendant , from the proprietor of the hotel , the defendant saying , he " would want some tables . " It was occupied by the defendant , Thomas , and others . In the room , three tables were used in playing a game at cards , known as ...
Страница 4
... defendant had authority over the use of the tables , having custody or possession of them , and gave supervision to the gaming . The sufficiency of the evidence was for the determination of the County Court , and if the court was ...
... defendant had authority over the use of the tables , having custody or possession of them , and gave supervision to the gaming . The sufficiency of the evidence was for the determination of the County Court , and if the court was ...
Страница 5
... defendant immediately fired his pistol at the deceased , and , in the fight which then ensued , killed him , having shot him several times . On the part of the defendant , several wit- nesses , relatives of the defendant , testified to ...
... defendant immediately fired his pistol at the deceased , and , in the fight which then ensued , killed him , having shot him several times . On the part of the defendant , several wit- nesses , relatives of the defendant , testified to ...
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action Adm'r administrator de bonis agreement Alabama alleged amount appeal appellee asserted Asso attachment authority averment B. O. James Bill in Equity bond chancellor Chancery Court charge Circuit Court claim Code Coltart common law complainant contract conveyance conveyed corporation court of equity coverture Coxe creditors debt deceased declared decree deed defendant demurrer distributees duty entitled evidence execution executor fact filed fraud granted Grimball Huntsville husband indictment intended interest intestate issue James & Co Jewett John judgment jurisdiction jury Kelly lands lease levied liability marriage ment Milhous mortgage mortgagor Munford paid parties payment plaintiff possession principle Probate Court promissory note purchase purchase-money railroad company relief rendered rents rule separate estate settlement sold Spedden statute statute of limitations sued suit surety term thereof tion transfer trust usurious validity vendor's lien wife witness
Популарни одломци
Страница 144 - The obligation of a contract is "the law which binds the parties to perform their agreement." Sturges v. Crowninshield, 4 Wheat. 122, 197; Story, op. cit., § 1378. This Court has said that "the laws which subsist at the time and place of the making of a contract, and where it is to be performed, enter into and form a part of it, as if they were expressly referred to or incorporated in its terms. This principle embraces alike those which affect its validity, construction, discharge and enforcement.
Страница 124 - If the thing wanting or which failed to be done, and which constitutes the defect in the proceedings, Is something the necessity for which the legislature might have dispensed with by prior statute, then it is not beyond the power of the Legislature to dispense with it by subsequent statute; and If the irregularity consists in doing some act, or in the mode or manner of doing some act, which the Legislature might have made immaterial by prior law, It Is equally competent to make the same immaterial...
Страница 500 - ... every alternate section of land, designated by odd numbers, for six sections in width on each side of said roads.
Страница 147 - That all political power is inherent in the people, and all free Governments are founded on their authority, and instituted for their benefit; and that they have at all times an undeniable and indefeasible right to alter their form of government in such manner as they may think expedient.
Страница 508 - ... if any of said roads are not completed within ten years, no further sale shall be made and the lands unsold shall revert to the United States.
Страница 501 - That any and all lands heretofore reserved to the United States by any act of Congress, or in any other manner by competent authority, for the purpose of aiding in any object of internal improvement, or...
Страница 501 - An,d be it further enacted, That the sections and parts of sections of land which, by such grant, shall remain to the United States, within six miles on each side of said roads, shall not be sold for less than double the minimum price of the public lands, when sold...
Страница 143 - There can be no law of this State impairing the obligation of contracts by destroying or impairing the remedy for their enforcement ; and the Legislature shall have no power to revive any right or remedy which may have become barred by lapse of time, or by any statute of this State.
Страница 501 - ... that a quantity of land not exceeding one hundred and twenty sections, and included within a continuous length of twenty miles of roads, respectively, may be sold; and when the Governor of said state shall certify to the Secretary of the Interior that any...
Страница 144 - The obligation of a contract consists in its binding force on the party who makes it. This depends on the laws in existence when it is made; these are necessarily referred to in all contracts, and forming a part of them as the measure of the obligation to perform them by the one party, and the right acquired by the other.