Reports of Cases Argued and Determined in the Supreme Court of Alabama, Том 65 |
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Страница 49
... appellant , nor can it affect or prejudice the rights the grant of administration to him conferred - right and title to all the assets which at the death of the testator had an actual situs within this State , or which were subsequently ...
... appellant , nor can it affect or prejudice the rights the grant of administration to him conferred - right and title to all the assets which at the death of the testator had an actual situs within this State , or which were subsequently ...
Страница 50
... appellant ; and to this extent , we understand the bill as recognizing their validity , and offering to allow them . These transactions were without the authority of the foreign administrator as it is defined by the statutes ; and into ...
... appellant ; and to this extent , we understand the bill as recognizing their validity , and offering to allow them . These transactions were without the authority of the foreign administrator as it is defined by the statutes ; and into ...
Страница 80
... appellant . The grounds of demurrer assigned , from one to seven , are not sufficiently definite and specific : each is , in substance , noth- ing more than a statement that the facts stated do not enti- tle the petitioner to relief ...
... appellant . The grounds of demurrer assigned , from one to seven , are not sufficiently definite and specific : each is , in substance , noth- ing more than a statement that the facts stated do not enti- tle the petitioner to relief ...
Страница 81
... appellant under the foregoing statute , and his petition shows the following facts : A suit pending in the Circuit Court of Limestone county , instituted by the appellant , Brock , against the appel- lee , had , at a regular term of the ...
... appellant under the foregoing statute , and his petition shows the following facts : A suit pending in the Circuit Court of Limestone county , instituted by the appellant , Brock , against the appel- lee , had , at a regular term of the ...
Страница 82
... appellant , that the statement of the fore- going ground of demurrer is not sufficiently distinct , within the requirement of section 3005 of the Code ( 1876 ) . We think this objection is without force , as the statement points out ...
... appellant , that the statement of the fore- going ground of demurrer is not sufficiently distinct , within the requirement of section 3005 of the Code ( 1876 ) . We think this objection is without force , as the statement points out ...
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action Alabama alleged amended amount appellant appellee asserted assessment assigned as error auditor authority averments bond BRICKELL cause certified chancellor Chancery Court charge Circuit Court city council claim Code complainant contract conveyance conveyed court of equity creditors cross-bill debt deceased declared decree deed defendant demurrer Durr duty equity evidence execution executor facts filed Flash Brothers foreclosure fraud Hale Counties Hatchett homestead husband indorsed intended interest intestate Jackson County judgment jurisdiction jury lands levy liability lien mandamus ment misjoinder Montgomery mortgage mortgagor Munter & Brother notice overruled paid parties payment Perry County plaintiff pleadings possession probate Probate Court proceedings promissory note provisions purchase received record refused rendered rents and profits settlement statute statute of limitations statutory sued suit sureties taxes term testator thereof tion trustee usury valid void wife witness
Популарни одломци
Страница 623 - The result is a conviction that the states have no power, by taxation or otherwise, to retard, impede, burden, or in any manner control the operations of the constitutional laws enacted by Congress to carry into execution the powers vested in the general government.
Страница 199 - All courts shall be open; and every man, for an injury done him in his lands, goods, person, or reputation, shall have remedy by due course of law, and right and justice administered, without sale, denial, or delay.
Страница 201 - It means that no person or class of persons shall be denied the same protection of the laws which is enjoyed by other persons or other classes in the same place and under like circumstances.
Страница 623 - State within which the association is located; but the Legislature of each State may determine and direct the manner and place of taxing all the shares of national banking associations located within the 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 198 - If, when the unconstitutional portion is stricken out, that which remains is complete in itself, and capable of being executed in accordance with the apparent legislative intent, wholly independent of that which was rejected, it must be sustained.
Страница 168 - J. I am unable to concur in the opinion of the majority of the court. It...
Страница 198 - Ed.) p. 246, as follows: •'Where, therefore, a part of a statute Is unconstitutional, that fact does not authorize the courts to declare the remainder void also, unless all the provisions are connected In subject-matter, depending on each other, operating together for the same purpose, or otherwise so connected together In meaning that It cannot be presumed the Legislature would have passed the one without the other.
Страница 448 - It Is certainly a maxim that all evidence is to be weighed according to the proof which it was in the power of one side to have produced, and in the power of the other to have contradicted.
Страница 561 - The evidence being closed, the defendant's counsel asked the court to instruct the jury as follows: " If the jury find from the evidence that the plaintiff knew...
Страница 151 - But many regulations are made by statute, designed for the information of assessors and officers, and intended to promote method, system and uniformity in the modes of proceeding, the compliance or non-compliance with which, does in no respect affect the rights of tax-paying citizens. These may be considered directory; officers may be liable to legal animadversion, perhaps to punishment, for not observing them; but yet their observance is not a condition precedent to the validity of the tax.