Southern Reporter, Том 61
Includes the decisions of the Supreme Courts of Alabama, Florida, Louisiana, and Mississippi, the Appellate Courts of Alabama and, Sept. 1928/Jan. 1929-Jan./Mar. 1941, the Courts of Appeal of Louisiana.
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Чести термини и фразе
action Affirmed agent alleged amended amount answer appeal appellee application assessed authority avers Bank bill bonds cause Cent charge Circuit claim Code Company complainant consideration considered Constitution contract corporation counsel Criminal damages decree deed defendant defendant's district duty effect error evidence exceptions executed fact fendant filed follows further give given ground held injury interest issue Judge judgment jury land Lumber March matter ment Miss mortgage motion negligence Note Note.-For objection opinion Orleans owner paid parties person petition plaintiff plea pleading possession present proper purchase question Railroad reason record referred refused rendered Reversed rule shown sold South statement statute street sufficient suit Supreme Court taken testified testimony thereof tion track trial verdict wife witness
Страница 200 - Provided; That nothing in this section shall deprive any holder of such receipt or bill of lading of any remedy or right of action which he has under existing law.
Страница 48 - State, subject only to the two restrictions that the taxation shall not be at a greater rate than is assessed upon other moneyed capital in the hands of individual citizens of such State...
Страница 427 - ... of the party of the second part by the party of the first part...
Страница 220 - That all levies, judgments, attachments, or other liens, obtained through legal proceedings, against a person who is insolvent, at any time within four months prior to the filing of a petition in bankruptcy against him, shall be deemed null and void in case he is adjudged a bankrupt...
Страница 431 - In considering the operation of this judgment, it should be borne in mind, as stated by counsel, that there is a difference between the effect of a judgment as a bar or estoppel against the prosecution of a second action upon the same claim or demand, and its effect as an estoppel in another action between the same parties upon a different claim or cause of action.
Страница 429 - But where the second action between the same parties is upon a different claim or demand, the judgment in the prior action operates as an estoppel only as to those matters in issue or points controverted, upon the determination of which the finding or verdict was rendered.
Страница 48 - The corporation is the legal owner of all the property of the bank, real and personal; and within the powers conferred upon it by the charter, and for the purposes for which it was created, can deal witli the corporate property as absolutely as a private individual can deal with his own.
Страница 298 - That a legislative presumption of one fact from evidence of another may not constitute a denial of due process of law or a denial of the equal protection of the law...
Страница 431 - It is a finality as to the claim or demand in controversy, concluding parties and those In privity with them, not only as to every matter which was offered and received to sustain or defeat the claim or demand, but as to any other admissible matter which might have been offered for that purpose.
Страница 298 - Legislation providing that proof of one fact shall constitute prima facie evidence of the main fact in issue is but to enact a rule of evidence, and quite within the general power of government. Statutes, National and state, dealing with such methods of proof in both civil and criminal cases abound, and the decisions upholding them are numerous.