Reports of Cases Argued and Determined in the Supreme Court of Alabama, Том 3D. Ferguson, printer, 1835 |
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Страница 90
... garnishee , at the return term failed to answer , and no proceedings were then had as to him , but an or- der of publication was made as to the defendant in attachment . At the next term , a judgment by default nisi was taken against ...
... garnishee , at the return term failed to answer , and no proceedings were then had as to him , but an or- der of publication was made as to the defendant in attachment . At the next term , a judgment by default nisi was taken against ...
Страница 91
... garnishee must abide the event of those against the defendant in the attach- ment . It would be error to take judgment , or to sue out ex- ecution against a garnishee before a judgment was obtained against the defendant . The statute ...
... garnishee must abide the event of those against the defendant in the attach- ment . It would be error to take judgment , or to sue out ex- ecution against a garnishee before a judgment was obtained against the defendant . The statute ...
Страница 92
... garnishee fails to answer , so as to hold him liable . It provides that the garnishee shall appear and answer within the first four days , and if he fails to do so , what course must the plaintiff pursue ? he must says the statute ...
... garnishee fails to answer , so as to hold him liable . It provides that the garnishee shall appear and answer within the first four days , and if he fails to do so , what course must the plaintiff pursue ? he must says the statute ...
Страница 93
... garnishee ; so the latter had the right to withdraw from the Court , and consider the controversy as far as he was concerned , at an end . If the first term did not continue four days , the plaintiff should have moved for a continu ...
... garnishee ; so the latter had the right to withdraw from the Court , and consider the controversy as far as he was concerned , at an end . If the first term did not continue four days , the plaintiff should have moved for a continu ...
Страница 94
... garnishee . It does not appear whether the garnishee was indebted or not . In as much then as the defendant had the liberty of an- swering at the first term , but chose not to avail himself of it , as his answer at that time would not ...
... garnishee . It does not appear whether the garnishee was indebted or not . In as much then as the defendant had the liberty of an- swering at the first term , but chose not to avail himself of it , as his answer at that time would not ...
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admitted affirmed Alabama alleged amount appear appellants assigned assumpsit attorney attorney at law authority averment bill of exceptions bond Brahan certified Chancery Circuit Court claim common law complainants consideration contract counsel County Court covenant creditor debt decision declaration decree deed defendant in error demurrer deputy discharge doctrine entitled equity evidence execution facias fact filed garnishee grant indictment indorser insolvent intestate issue JANUARY John JUDGE JULY jurisdiction juror jury justice land Laws of Ala legislature liability maker ment notice objection offence opinion overruled paid parol parties payment person plaintiff in error plea plea in abatement pleaded possession principle proceedings promise proof proved question Ragland record recover rendered reversed rule Samuel Dale scire facias sheriff shew shewn statute statute of limitations Sturgus sued sufficient suit Supreme Court surety sustained term thereof tion trial Turner usury verdict void writ of error
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Страница 218 - And the said records and judicial proceedings authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States, as they have by law or usage in the courts of the state from whence the said records are or shall be taken.
Страница 218 - ... the records and judicial proceedings of the courts of any state shall be proved or admitted, in any other court within the United States, by attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, as the case may be, that the said attestation is in due form.
Страница 482 - A party is not to cast himself upon an obstruction which has been made by the fault of another, and avail himself of it, if he do not himself use common and ordinary caution to be in the right.
Страница 130 - or other cattle," being looked upon as much too loose to create a capital offence, the act was held to extend to nothing but mere sheep. And therefore, in the next sessions, it was found necessary to make another statute, 15 Geo. II, c. 34, extending the former to bulls, cows, oxen, steers, bullocks, heifers, calves and lambs, by name.
Страница 81 - That an alien can take by deed, and can hold until office found, must now be regarded as a positive rule of law, so well established that the reason of the rule is little more than a subject for the antiquary.
Страница 198 - Every surveyor shall note in his field book, the true situations of all mines, salt licks, salt springs, and mill seats, which shall come to his knowledge; all water courses, over which the line he runs shall pass; and also the quality of the lands...
Страница 416 - I take it to be a clear position, that if a legislative act oppugns a constitutional principle, the former must give way, and be rejected on the score of repugnance. I hold it to be a position equally clear and sound, that in such case, it will be the duty of the Court to adhere to the constitution, and to declare the act null and void.
Страница 490 - ... all, and all manner of action and actions, cause and causes of action, suits, debts, dues, sums of money, accounts...
Страница 218 - The records and judicial proceedings of the. courts of any State or Territory, or of any such country, shall be proved or admitted in any other court within the United States, by the attestation of the clerk and the seal of the court annexed, if there be a seal, together with the certificate of the judge, chief justice, or presiding magistrate, that the said attestation is in due form.
Страница 417 - The powers of the Government of the State 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 Judiciary to another.