The Southern Reporter, Volumen70West Publishing Company, 1916 |
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Página 1
... PLEADING - VERIFICATION . 7. PLEADING 194 - NON EST FACTUM . Code 1907 , § 5332 , requiring that a plea , denying the execution by defendant , his agent , attorney , or partner of any instrument in writ- ing , the foundation of a suit ...
... PLEADING - VERIFICATION . 7. PLEADING 194 - NON EST FACTUM . Code 1907 , § 5332 , requiring that a plea , denying the execution by defendant , his agent , attorney , or partner of any instrument in writ- ing , the foundation of a suit ...
Página 4
... pleading , a plea , an- swer , etc. If the execution of such instru- ment be denied by such pleading , then the burden is on the proponent to introduce proof of the execution of such instrument . This burden , by virtue of section 3374 ...
... pleading , a plea , an- swer , etc. If the execution of such instru- ment be denied by such pleading , then the burden is on the proponent to introduce proof of the execution of such instrument . This burden , by virtue of section 3374 ...
Página 8
... pleadings are sufficiently set out for a prop- er understanding of this opinion . There was judgment for plaintiff in the sum of $ 7,500 . Goodhue & Brindley and Dortch , Martin & Allen , all of Gadsden , and Spragins & Speake , of ...
... pleadings are sufficiently set out for a prop- er understanding of this opinion . There was judgment for plaintiff in the sum of $ 7,500 . Goodhue & Brindley and Dortch , Martin & Allen , all of Gadsden , and Spragins & Speake , of ...
Página 12
... PLEADING . In a complaint , alleging that if the mes- sage had been delivered to plaintiff with reason- able dispatch , he would have been able to at- tend the funeral of the deceased , was not suffi- ANDERSON , C. J. , and MAYFIELD and ...
... PLEADING . In a complaint , alleging that if the mes- sage had been delivered to plaintiff with reason- able dispatch , he would have been able to at- tend the funeral of the deceased , was not suffi- ANDERSON , C. J. , and MAYFIELD and ...
Página 13
... pleadings are construed most strongly against the plead- er , it will be presumed that the undertaking or promise on the part of the company was entirely voluntary or gratuitous , for a breach of which no action would lie , either in ...
... pleadings are construed most strongly against the plead- er , it will be presumed that the undertaking or promise on the part of the company was entirely voluntary or gratuitous , for a breach of which no action would lie , either in ...
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Términos y frases comunes
action adverse possession Affirmed Alabama alleged amended APPEAL AND ERROR Appeal from Circuit appellant appellee authority averments Bank bill of exceptions Birmingham bond cause Cent charge Circuit Court claim Code Company complainant Constitution contract corporation court of equity criminal CRIMINAL LAW damages decree deed defendant defendant's demurrer dence detinue Digests and Indexes district court duty equity evidence execution fact fendant filed garnishee Gibsland held injunction injury issue judge jurisdiction jury Key-Numbered Digests land liability Louisiana Lumber MCCLELLAN ment Miss Mobile County mortgage negligence Note.-For opinion Orleans parish parties payment person petition plaintiff in error plea pleadings possession purchase question railroad reason remanded rendered Reversed rule Shreveport South statute suit supra Supreme Court surety Syllabus testified testimony thereof tiff tion topic and KEY-NUMBER trial verdict wife witness writ
Pasajes populares
Página 371 - A classification having some reasonable basis does not offend against that clause merely because it is not made with mathematical nicety or because in practice it results in some inequality. 3. When the classification in such a law is called in question, if any state of facts reasonably can be conceived that would sustain it, the existence of that state of facts at the time the law was enacted must be assumed. 4. One who assails the classification in such a law must carry the burden of showing that...
Página 359 - The legislature cannot delegate its power to make a law; but it can make a law to delegate a power to determine some fact or state of things upon which the law makes, or intends to make, its own action depend. To deny this would be to stop the wheels of government. There are many things upon which wise and useful legislation must depend which cannot be known to the law-making power, and must, therefore, be a subject of inquiry and determination outside of the halls of legislation.
Página 308 - The notice may be given by or on behalf of the holder, or by or on behalf of any party to the instrument who might be compelled to pay it to the holder, and who, upon taking it up, would have a right to reimbursement from the party to whom the notice is given.
Página 57 - A motion for a new trial based on the ground of newly discovered evidence may be made only before or within two years after final judgment, but if an appeal is pending the court may grant the motion only on remand of the case.
Página 218 - USCA § 379), it is provided that "the writ of injunction shall not be granted by any court of the United States to stay proceedings in any court of a state, except in cases where such injunction may be authorized by any law relating to proceedings in bankruptcy.
Página 28 - ... the sections shall be numbered respectively, beginning with the number one in the northeast section, and proceeding west and east alternately, through the township, with progressive numbers, till the thirty-sixth be completed.
Página 310 - Notice of dishonour may be given by an agent either in his own name, or in the name of any party entitled to give notice whether that party be his principal or not.
Página 310 - Except as herein otherwise provided, when a negotiable instrument has been dishonored by nonacceptance or nonpayment, notice of dishonor must be given to the drawer and to each indorser, and any drawer or indorser to whom such notice is not given is discharged.
Página 216 - The doctrines of this Court ought to be as well settled, and made as uniform almost, as those of the common law, laying down fixed principles, but taking care that they are to be applied according to the circumstances of each case.
Página 124 - Children, wherever they go, must be expected to act upon childish instincts and impulses; and others, who are chargeable with a duty of care and caution towards them, must calculate upon this, and take precautions accordingly. If they leave exposed to the observation of children anything which would be tempting to them, and which they in their immature judgment might naturally suppose they were at liberty to handle or play with, they should expect that liberty to be taken.