Reports of Cases at Law and in Equity, Argued and Determined in the Supreme Court of Alabama, New Series, Том 9Hale and Phelan, printers, 1846 |
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Страница 684
... true , is equally in morals and law , as unjustifiable as the affirmation of what is known to be positively false . So if a party innocently misrepresents a fact by mistake , it is equally conclusive ; for it operates as a surprise and ...
... true , is equally in morals and law , as unjustifiable as the affirmation of what is known to be positively false . So if a party innocently misrepresents a fact by mistake , it is equally conclusive ; for it operates as a surprise and ...
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action Adm'r administrator affirmed agreement alledged amount answer appear assigned assumpsit Bank bill of exceptions bond Branch Bank cause Chancery Circuit Court cited claim Clay's complainant contract Copeland County Court Court of Chancery court of equity creditors Davenport debt debtor declaration decree deed defendant in error defendant's demurrer detinue distributees dollars entitled equity evidence execution fact fendant filed fraud garnishee indorser insisted intended intestate issue Judge judgment Juzan land levy liable matter ment Mobile mortgage motion notice objection Orphans paid party payment person plaintiff in error plea plea in abatement pleaded Porter Porter's Rep possession promissory note proof proved question received record recover refused rendered reversed scire facias settlement sheriff slaves sold statute statute of frauds sued sufficient suit surety sustained term tion trial trust vendor verdict wife witness Writ of Error
Популарни одломци
Страница 616 - Whether the party thus misrepresenting a fact knew it to be false, or made the assertion without knowing whether it were true or false, is wholly immaterial; for the affirmation of what one does not know, or believe to be true, is equally, in morals and law, as unjustifiable as the affirmation of what is known to be positively false.
Страница 423 - Lord one thousand eight hundred and twenty-one, or shall hereafter be made and executed, shall be void and of no effect against a subsequent judgment creditor, or bona fide purchaser, or mortgagee for a valuable consideration, not having notice thereof...
Страница 783 - It is a question of fact for the jury, under all the circumstances of the case...
Страница 446 - ... will be entitled to every remedy, which the creditor has against the principal debtor ; to enforce every security and all means of payment; to stand in the place of the creditor; not only through the medium of contract, but even by means of securities, entered into without the knowledge of the surety; having a right to have those securities transferred to him ; though there was no stipulation for that; and to avail himself of all those securities against the debtor.
Страница 551 - ... is hereby, authorized to enter with the register of the land office for the district in which such land may lie, by legal subdivisions, any number of acres not exceeding one hundred and sixty, or a quarter section of land...
Страница 1013 - The true test of the interest of a witness is, that he will either gain or lose by the direct legal operation and effect of the judgment, or that the record will be legal evidence for or against him in some other action.
Страница 890 - Where a man having by a woman one or more children, shall afterwards intermarry with such woman, such child or children, if recognized by him, shall be thereby legitimated.
Страница 215 - ... other citizens of the United States, without any tax, duty, impost or toll therefor.
Страница 179 - ... no tradesman, artificer, workman, laborer, or other person whatsoever, shall do or exercise any worldly labor, business or work of their ordinary callings upon the Lord's day, or' any part thereof (works of necessity and charity only excepted...
Страница 504 - Every gift, grant or conveyance of lands, tenements, hereditaments, goods or chattels, or of any rent, common or profit out of the same, by writing or otherwise, and every bond, suit, judgment or execution, had or made, and contrived of malice, fraud, covin, collusion or guile, to the intent or purpose to delay, hinder or defraud creditors of their just and lawful actions...