Reports of Cases Argued and Determined in the Supreme Court of Alabama, Том 18 |
Из књиге
Резултати 1-5 од 100
Страница 8
... writ of error subsequently dismissed , but the opinion , not having been withdrawn , was placed in the hands of the Reporter , and has thus gotten into this volume . It is conse- quently not to be regarded an an authoritative decision ...
... writ of error subsequently dismissed , but the opinion , not having been withdrawn , was placed in the hands of the Reporter , and has thus gotten into this volume . It is conse- quently not to be regarded an an authoritative decision ...
Страница 36
... writ of error against said proceedings , & c . This petition was demurred to by the counsel of Perry . Upon the hearing of the petition , as appears by an entry which bears no date , the court refused to reverse , re - examine or set ...
... writ of error against said proceedings , & c . This petition was demurred to by the counsel of Perry . Upon the hearing of the petition , as appears by an entry which bears no date , the court refused to reverse , re - examine or set ...
Страница 37
... writ of error . It is well settled that a writ of error can only be prosecuted by one who is a party or privy to the record , and who has been injured by the judg ment and will be benefitted by its reversal . - Hill's Heirs v . Hill's ...
... writ of error . It is well settled that a writ of error can only be prosecuted by one who is a party or privy to the record , and who has been injured by the judg ment and will be benefitted by its reversal . - Hill's Heirs v . Hill's ...
Страница 39
... writ of error , is no more than if the court had given the permission to a stranger . So that we cannot look to this ... writs of error , we may con- sider the decree of final settlement properly before us for re- vision . The act of ...
... writ of error , is no more than if the court had given the permission to a stranger . So that we cannot look to this ... writs of error , we may con- sider the decree of final settlement properly before us for re- vision . The act of ...
Страница 64
... writ of supersedeas , which was refused . The defendant then moved the court to correct the judgment , and to render judgment nunc pro tunc against the plaintiff for the costs , as he had failed to recover in the County Court as much as ...
... writ of supersedeas , which was refused . The defendant then moved the court to correct the judgment , and to render judgment nunc pro tunc against the plaintiff for the costs , as he had failed to recover in the County Court as much as ...
Друга издања - Прикажи све
Чести термини и фразе
action adm'r administrator admissible admitted alleged amount appear assumpsit authorise Bank bill of exceptions bond cause remanded chancellor Chancery CHILTON choses in action Circuit Court cited claim common law complainant contract cotton court of chancery court of equity coverture creditors DARGAN death debt deceased declaration decree deed defendant in error demand demurrer detinue devise distributees dollars endorsement entitled evidence Ex'rs execution executor facts favor filed grantor guardian heirs held husband indictment intention intestate issue John judg judgment jurisdiction land legal title liable lien ment Moses Walker negro notice objection offence opinion Orphans overruled paid party payment person plaintiff in error plea possession proof prove purchase money question record recover refused rendered rule scire facias settlement sheriff slave sold statute statute of limitations sued sufficient suit term testator tion trial trust Walker wife witness words writ of error
Популарни одломци
Страница 399 - It is a rule in law when the ancestor by any gift cr conveyance takes an estate of freehold, and in the same gift or conveyance an estate is limited, either mediately or immediately to his heirs in fee or in tail, that always in such cases 'the heirs' are words of limitation of the estate, and not words of purchase.
Страница 277 - No free negro, free mulatto, or free person of mixed blood, descended from negro ancestors, to the fourth generation inclusive, (though one ancestor of each generation may have been a white person.) shall vote for members of the senate or house of commons.
Страница 165 - In the construction of ambiguous expressions the situation of the parties may very properly be taken into view. The ties which connect the testator with his legatees, the affection subsisting between them, the motives which may reasonably be supposed to operate with him, and to influence him in the disposition of hie property, are all entitled to consideration, In expounding doubtful words, and ascertaining the meaning in which the testator used them.
Страница 592 - The conclusion to be drawn from the cases is, that if the party be indebted at the time of the voluntary settlement, it is presumed to be fraudulent in respect to such debts, and no circumstance will permit those debts to be affected by the settlement, or repel the legal presumption of fraud.
Страница 121 - They are in every instance the sole judges of the facts, and, when called as grand jurors, they are the judges of the law as well as of the facts.
Страница 339 - There is, on the part of the hirer, an implied obligation, not only to use the thing with due care and moderation, but also not to apply it to any other use than that, for which it is...
Страница 324 - This is not the true principle : it is this ; he who affirms either what he does not know to be true, or knows to be false, to another's prejudice and his own gain, is both in morality and law guilty of falsehood, and must answer in damages.
Страница 331 - ... 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, and, even if the party innocently misrepresents a material fact by mistake, it is equally conclusive, for it operates as a surprise and imposition upon the other party.
Страница 389 - A sheriff shall be elected in each county by the qualified electors thereof, who shall hold his office for the term of three years, unless sooner removed, and who shall not be eligible to serve either as principal or deputy for the three succeeding years.
Страница 53 - seems to have arisen from the term " actual ouster" as if it meant some act " accompanied by real force, and as if a turning out by the shoulders were " necessary. But that is not so. A man may come in by a rightful possession, and yet hold over adversely without a title.