Reports of Cases Argued and Determined in the Supreme Court of Alabama, Volumen13 |
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Página 19
... witness for his cli- ent . He has every temptation to misrepresent the facts . His professional reputation depends upon success , and it often happens that he not only brings the suit , but instigates it - volunteering an opinion where ...
... witness for his cli- ent . He has every temptation to misrepresent the facts . His professional reputation depends upon success , and it often happens that he not only brings the suit , but instigates it - volunteering an opinion where ...
Página 20
... witness , " must be a present , certain and vested inter- est , and not an interest uncertain , remote and contingent . " 1 Greenl . Ev . 535 , et seq . , § 390 , 391 , 392 , 393 , and cases cited ; State v . Truss , 9 Port . R. 126. It ...
... witness , " must be a present , certain and vested inter- est , and not an interest uncertain , remote and contingent . " 1 Greenl . Ev . 535 , et seq . , § 390 , 391 , 392 , 393 , and cases cited ; State v . Truss , 9 Port . R. 126. It ...
Página 23
... witness to prove the pre - emption of Matthew Tenison , who , by the contract , was to take possession and make improvements , so as to entitle him to a pre - emption under the act of congress of 1841. The proof further showed that ...
... witness to prove the pre - emption of Matthew Tenison , who , by the contract , was to take possession and make improvements , so as to entitle him to a pre - emption under the act of congress of 1841. The proof further showed that ...
Página 46
... witness , who stated that in the early part of December , 1844 , the defendant sent for the witness , who offered his services to him , to bring about a reconciliation between the defendant , and his wife's fam- ily . That they , the ...
... witness , who stated that in the early part of December , 1844 , the defendant sent for the witness , who offered his services to him , to bring about a reconciliation between the defendant , and his wife's fam- ily . That they , the ...
Página 48
... witness Hatter , and the plaintiff in error , was not a part of the res gestae , so far as the execu- tion of the release was concerned . That to give it this char- acter , three things must concur . 1. That the execution of the release ...
... witness Hatter , and the plaintiff in error , was not a part of the res gestae , so far as the execu- tion of the release was concerned . That to give it this char- acter , three things must concur . 1. That the execution of the release ...
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Términos y frases comunes
9 Ala action adm'r admissions agreement alledged amount assert assigned assumpsit authority averred Bank bill of exceptions bill of sale Bishop's Heirs bond Branch Bank cause chancery charge the jury circuit court claim Clay's complainant contract conveyance county court court of chancery court of equity creditors damages debts deceased declaration decree deed defendant in error demand demurrer detinue entitled equity evidence execution executor facts favor fendant fraud given heirs held Henderson indorsed insolvent intended interest intestate issue John Shields judge judgment land levy liable lien ment notice objection orphans paid party payment person plaintiff in error plea possession proof proved purchase question received recover refused rendered rule sheriff slaves sold statute Stephen Bishop sued sufficient suit sustained Talladega county term testator testimony tiff tion trial trust usurious void Wend wife witness Writ of Error
Pasajes populares
Página 399 - Where the holder of a bill has a lien on it arising either from contract or by implication of law, he is deemed to be a holder for value to the extent of the sum for which he has a lien.
Página 174 - The only general rule that can be laid down upon the subject is, that the circumstances must be such as would lead the guarded discretion of a reasonable and just man to the conclusion...
Página 651 - ... the plaintiff must recover upon the strength of his own title, and not upon the weakness of the title of the defendant.
Página 165 - Every gift, grant or conveyance of lands, tenements, hereditaments, goods or chattels, or of any rent, common or profit out of the same, by writing or otherwise, and every bond, suit, judgment or execution, had or made, and contrived of malice, fraud, covin, collusion or guile, to the intent or purpose to delay, hinder or defraud creditors of their just and lawful actions...
Página 508 - CJ, said, that the special damage must be the legal and natural consequence of the words spoken, otherwise it did not sustain the declaration : and here it was an illegal consequence ; a mere wrongful act of the master ; for which the defendant was no more answerable, than if, in consequence of the words, other persons had afterwards assembled and seized the plaintiff, and thrown him into a horsepond by way of punishment for his supposed...
Página 175 - ... neither is it to be a matter of artificial reasoning, judging upon such things differently from what would strike the careful and cautious consideration of a discreet man. The facts are not of a technical nature ; they are facts determinable upon common grounds of reason ; and courts of justice would wander very much from their proper office of giving protection to the rights of mankind, if they let themselves loose to subtilties, and remote and artificial reasonings upon such subjects. Upon...
Página 389 - ... no suit at law or in equity shall in any case be maintainable by or against such assignee, or by or against any person claiming an adverse interest, touching the property and rights of property aforesaid, in any court whatsoever, unless the same shall be brought within two years from the time the cause of action accrued, for or against such assignee : Provided, That nothing herein contained shall revive a right of action barred at the time such assignee is appointed.
Página 407 - The rate of interest upon the loan or forbearance of any money, goods or things in action...
Página 146 - ... it confers the status of legitimacy on children born in wedlock, with all the consequential rights, duties, and privileges, thence arising; it gives rise to the relations of consanguinity and affinity ; in short, it pervades the whole system of civil society. Unlike other contracts, it cannot, in general, amongst civilized nations, be dissolved by mutual consent ; and it subsists in full force, even although one of the parties should be forever rendered incapable, as in the case of incurable...
Página 763 - ... the case against one defendant may be so entire, as to be incapable of being prosecuted in several suits ; and yet some other defendant may be a necessary party to some portion only of the case stated.