Reports of Cases Argued and Determined in the Supreme Court of Alabama, Том 65 |
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Страница 15
... void . The only remaining question relates to the amendment of the decree , by inserting in it by proper description a part of the lands omitted originally by inadvertence . It may be admitted that it is not the office of an amendment ...
... void . The only remaining question relates to the amendment of the decree , by inserting in it by proper description a part of the lands omitted originally by inadvertence . It may be admitted that it is not the office of an amendment ...
Страница 17
... void on its face , because the record does not affirmatively show personal notice to the admin- istrator de bonis non , or an appearance by him ; but , if he in fact had no notice , and did not appear , the decree is void , and may be ...
... void on its face , because the record does not affirmatively show personal notice to the admin- istrator de bonis non , or an appearance by him ; but , if he in fact had no notice , and did not appear , the decree is void , and may be ...
Страница 22
... void , since notice is a jurisdictional requisite to the validity of all judgments and decrees . - 3 Ala . 287 ; 12 Ala . 823 ; 21 Ala . 504 ; 27 Ala . 390 ; 39 Ala . 324 ; Freeman on Judgments , § 124. If the latter construction be ...
... void , since notice is a jurisdictional requisite to the validity of all judgments and decrees . - 3 Ala . 287 ; 12 Ala . 823 ; 21 Ala . 504 ; 27 Ala . 390 ; 39 Ala . 324 ; Freeman on Judgments , § 124. If the latter construction be ...
Страница 31
... void , and should be disregarded when produced on nul teil record . See , also , Bonner v . Tier , 3 Dev . Law , 533. In Shaefer v . Yates ( 2 B. Monroe , 453 ) , the court said : " In a legal or available sense , no person is a party ...
... void , and should be disregarded when produced on nul teil record . See , also , Bonner v . Tier , 3 Dev . Law , 533. In Shaefer v . Yates ( 2 B. Monroe , 453 ) , the court said : " In a legal or available sense , no person is a party ...
Страница 32
... void . We think the practice pursued in this case , of praying to have the decree revoked and annulled in the court in which it was rendered , an eminently proper one . It retains the proceedings in the Probate Court , where speedy and ...
... void . We think the practice pursued in this case , of praying to have the decree revoked and annulled in the court in which it was rendered , an eminently proper one . It retains the proceedings in the Probate Court , where speedy and ...
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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.