Reports of Cases Argued and Determined in the Supreme Court of Alabama, Том 65 |
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Страница 5
... cause . " " 3 The appeal is sued out by Thomas B. Taylor , William T. Charles , and Fanny Taylor , who assign as error , jointly and severally , the final decree , the allowance of the amend- [ Taylor v . Harwell . ] ment nunc pro ...
... cause . " " 3 The appeal is sued out by Thomas B. Taylor , William T. Charles , and Fanny Taylor , who assign as error , jointly and severally , the final decree , the allowance of the amend- [ Taylor v . Harwell . ] ment nunc pro ...
Страница 18
... cause was remanded , as shown by the report of the case - Glenn v . Glenn , 41 Ala . 571. After the reversal of the cause , another settlement was made in the Probate Court , in July , 1868 ; but the decree rendered was again reversed ...
... cause was remanded , as shown by the report of the case - Glenn v . Glenn , 41 Ala . 571. After the reversal of the cause , another settlement was made in the Probate Court , in July , 1868 ; but the decree rendered was again reversed ...
Страница 19
... cause , Annie Glenn , one of the heirs of said estate , has died , and Benjamin Trimble , who resides in said State and county , is the administrator of her estate ; and that W. T. Hatchett , who resides in said State and county , is ...
... cause , Annie Glenn , one of the heirs of said estate , has died , and Benjamin Trimble , who resides in said State and county , is the administrator of her estate ; and that W. T. Hatchett , who resides in said State and county , is ...
Страница 28
... cause was continued to the 19th November , 1877 , and on that day the final settlement was had . In the final decree , after reciting the continuance from the 19th , it is said : " And now came Harriet Billingslea and her husband ...
... cause was continued to the 19th November , 1877 , and on that day the final settlement was had . In the final decree , after reciting the continuance from the 19th , it is said : " And now came Harriet Billingslea and her husband ...
Страница 32
... cause remanded . As to Mrs. Brickell's appeal , we need say but little . The reversal of the judgment pronounced in the main cause of Hatchett , administrator , must of necessity carry with it a reversal of the dependent decree against ...
... cause remanded . As to Mrs. Brickell's appeal , we need say but little . The reversal of the judgment pronounced in the main cause of Hatchett , administrator , must of necessity carry with it a reversal of the dependent decree against ...
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action Alabama alleged 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 detinue Durr duty equity evidence execution executor facts filed Flash Brothers 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 railroad company 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
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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.