Southern Reporter, Том 61West Publishing Company, 1913 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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Страница 10
... defendant under a contract of bailment , and defendant failed to return them , and was unable to do so , the commander ... defendant's agent by members of said Na- a judgment in his favor for its value is tional Guard and that defendant ...
... defendant under a contract of bailment , and defendant failed to return them , and was unable to do so , the commander ... defendant's agent by members of said Na- a judgment in his favor for its value is tional Guard and that defendant ...
Страница 14
... defendant's request . We find no error in the record , and the judgment of the lower court is affirmed . Affirmed . LOUISVILLE & N. R. CO . v . SHEPHERD . ( Court of Appeals of Alabama . Nov. 14 , 1912 . Rehearing Denied Jan. 13 , 1913 ...
... defendant's request . We find no error in the record , and the judgment of the lower court is affirmed . Affirmed . LOUISVILLE & N. R. CO . v . SHEPHERD . ( Court of Appeals of Alabama . Nov. 14 , 1912 . Rehearing Denied Jan. 13 , 1913 ...
Страница 18
... defendant's failure to provide such tools was not due to negligence , but to a cause be- yond defendant's control . [ Ed . Note . For other cases , see Master and Servant , Cent . Dig . 88 809-812 , 815 , 816-836 ; Dec. Dig . §§ 256 ...
... defendant's failure to provide such tools was not due to negligence , but to a cause be- yond defendant's control . [ Ed . Note . For other cases , see Master and Servant , Cent . Dig . 88 809-812 , 815 , 816-836 ; Dec. Dig . §§ 256 ...
Страница 24
... defendant wrongfully caused said water to flow or be upon said land , and said wrong of defendant proxi- mately resulted in ... defendant's said servant or agent proximately resulted in said injuries and damage to plaintiff . ' " Count 3 ...
... defendant wrongfully caused said water to flow or be upon said land , and said wrong of defendant proxi- mately resulted in ... defendant's said servant or agent proximately resulted in said injuries and damage to plaintiff . ' " Count 3 ...
Страница 33
... defendant's coal mine , that no fixed sum was agreed on as salary when plaintiff entered defendant's employ , but that it was plaintiff's duty to compile , or cause to be compiled , sheets showing the daily cost of coal , and that the ...
... defendant's coal mine , that no fixed sum was agreed on as salary when plaintiff entered defendant's employ , but that it was plaintiff's duty to compile , or cause to be compiled , sheets showing the daily cost of coal , and that the ...
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action adverse possession Affirmed Alabama alleged amended amount APPEAL AND ERROR Appeal from Circuit appellee assessed avers Bank Birmingham bonds Bossier City cause Cent Chancery Court charge Circuit Court claim Code Company complainant Constitution contract conveyance Coun counsel Court of Mississippi CRIMINAL LAW damages deceased decree deed defendant defendant's demurrer dence dismissed district duty evidence execution fact fendant filed Harrison county homicide injury issue Judge judgment jury land liable Louisiana Lumber ment Miss mortgage motion motorman negligence Note Note.-For opinion Orleans overruled owner parish parties person petition Pike County plaintiff plaintiff in error plea pleading possession purchase purpose question Railroad reason record remanded rendered Reversed reversible error rule Shreveport South statute street suit Supreme Court testified testimony thereof tiff timber tion track trial court turpentine verdict wife witness writ
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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.