Reports of Cases Argued and Determined in the Supreme Court of Alabama, Том 2D. Ferguson, printer, 1832 |
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Страница 4
... taken at the trial , and as far as the arguments of counsel and the authorities cited are con- cerned , the author has been compelled to draw upon various uncertain sources for informa- tion ; so it is only in a few cases ...
... taken at the trial , and as far as the arguments of counsel and the authorities cited are con- cerned , the author has been compelled to draw upon various uncertain sources for informa- tion ; so it is only in a few cases ...
Страница 13
... taken on error by the defendant against whom the judgment is taken , unless he make the objection in the Court below . GEORGE S. JOHNSON sued out a writ in debt returnable to the Circuit Court of Madison county , against Robert W ...
... taken on error by the defendant against whom the judgment is taken , unless he make the objection in the Court below . GEORGE S. JOHNSON sued out a writ in debt returnable to the Circuit Court of Madison county , against Robert W ...
Страница 20
... taken by deposition , shews the witness was out of the State , and in fact all the plaintiff's evidence comes from Virginia . The defendants should have been required before they could sustain the objection made by them as to interest ...
... taken by deposition , shews the witness was out of the State , and in fact all the plaintiff's evidence comes from Virginia . The defendants should have been required before they could sustain the objection made by them as to interest ...
Страница 30
... taken more than at the rate of six per cent per annum on loans and discounts ; and had also neglected to proceed annually to the election of thirteen directors to superintend their affairs as required by said act : Therefore the said ...
... taken more than at the rate of six per cent per annum on loans and discounts ; and had also neglected to proceed annually to the election of thirteen directors to superintend their affairs as required by said act : Therefore the said ...
Страница 43
... taken a length of time , and he was desirous to retain it as long as he could , with a view to serve it on Mulkey , if possible , as he lived in the adjoining county of Bibb . That the writ was returned on the first day of the term ...
... taken a length of time , and he was desirous to retain it as long as he could , with a view to serve it on Mulkey , if possible , as he lived in the adjoining county of Bibb . That the writ was returned on the first day of the term ...
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action administrator admitted agreement alleged amount answer appear appellant appellee assigned for error assumpsit authority bank Bibb bond branch bank cause certificate Chancery charged Circuit Court common law complainant consideration contract counsel County Court Court of equity creditors Darien debt debtor decision declaration decree deed defendant demurrer election equity evidence execution fact favor firm fraud fraudulent given indorsement intended interest issue JANUARY John John Lucas judgment JULY jurisdiction jury land Laws of Ala Lecatt liable Lucas Marengo county ment ne exeat negroes notice objection opinion paid parties payment person Pettus plaintiff in error plea pleaded possession principle proceedings promise proof prove purchase question Rapelye record recover rendered reversed rule SAFFOLD scire facias seal sheriff shew shewn statute statute of frauds sued sufficient suit sustained term tiel tion trial trust usury vendor void witness writ of error
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Страница 361 - The inhabitants of the said territory, shall always be entitled to the benefits of the writ of habeas corpus, and of the trial by jury; of a proportionate representation of the people in the legislature, and of judicial proceedings according to the course of the common law.
Страница 87 - Morrell of the first part, and the town of North Hempstead in Queens County and State of New York, of the second part, witnesseth, that the said parties of the first part for and in consideration of the sum of one dollar lawful money of the United States of America, to them in hand paid by the said party of the second part, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged...
Страница 143 - Where a law is plain and unambiguous, whether it be expressed in general or limited terms, the Legislature should be intended to mean what they have plainly expressed, and consequently no room is left for construction.
Страница 310 - Where a court has jurisdiction, it has a right to decide every question which occurs in the cause ; and whether its decision be correct or otherwise, its judgment, until reversed, is regarded as binding in every other court. But if it act without authority, its judgments and orders are regarded as nullities. They are not voidable, but simply void.
Страница 25 - no action shall be brought whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person, unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Страница 238 - Every male person subject to none of the foregoing disqualifications, who shall have attained the age of twenty-one years, and who shall be a citizen of the United States, and...
Страница 239 - In all criminal prosecutions the accused shall enjoy the right to be heard by himself and counsel; to demand the nature and cause of the accusation against him; to meet the witnesses face to face; to have compulsory process to compel the attendance of witnesses in his behalf; and in prosecutions by indictment, or information, to a speedy public trial by an impartial jury of the county or district wherein the offense shall have been committed; which county or district shall have been previously ascertained...
Страница 315 - To give any binding effect to a judgment, it is essential that the court should have jurisdiction of the person, and of the subject matter; and the want of jurisdiction is a matter that may always be set up against a judgment, when sought to be enforced, or when any benefit is claimed under it. The want of jurisdiction makes it utterly void and unavailable for any purpose.
Страница 206 - The test," says Judge Duncan in Swan v. Scott, 11 Serg. & R. 164, "whether a demand connected with an illegal transaction is capable of being enforced at law, is whether the plaintiff requires the aid of the illegal transaction to establish his case.
Страница 88 - ... have granted, bargained, sold, assigned, transferred and set over, and by these presents do grant, bargain...