Reports of Cases Argued and Determined in the Supreme Court of Alabama, Volumen13


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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.

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