Reports of Cases Argued and Determined in the Supreme Court of Alabama, Том 27 |
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Страница 24
... ment by different counts , being offences of kindred character , and punishable alike ; but , in the absence of a count for for- nication , the party cannot be convicted of that offence upon an indictment for adultery . In such case ...
... ment by different counts , being offences of kindred character , and punishable alike ; but , in the absence of a count for for- nication , the party cannot be convicted of that offence upon an indictment for adultery . In such case ...
Страница 33
... ment , but continued interested therein as a partner to the extent of the interest he had retained , until shortly before the Fall term of said court , 1854 ; and that while the defendant was such partner of Smith , the retailing proved ...
... ment , but continued interested therein as a partner to the extent of the interest he had retained , until shortly before the Fall term of said court , 1854 ; and that while the defendant was such partner of Smith , the retailing proved ...
Страница 45
... ment on verdict finding " the issues " for them . - Where issue is joined on several pleas in bar of the action , one of which is good , and the jury by their ver- dict " find the issues in favor of the defendants " , the defendants are ...
... ment on verdict finding " the issues " for them . - Where issue is joined on several pleas in bar of the action , one of which is good , and the jury by their ver- dict " find the issues in favor of the defendants " , the defendants are ...
Страница 68
... ment and the other transactions . Notice , too , that the cot- ton crop of 1831 is not accounted for until January , 1834 , which was after the re - sale of the land . WATTS , JUDGE & JACKSON , contra : I. If Lane is liable at all to ...
... ment and the other transactions . Notice , too , that the cot- ton crop of 1831 is not accounted for until January , 1834 , which was after the re - sale of the land . WATTS , JUDGE & JACKSON , contra : I. If Lane is liable at all to ...
Страница 83
... ment , he is not entitled now to object that only 134 bales . ( and not the 198 ) had been landed on the wharf ; which charge the court refused , and the defendant excepted . " Defendant also requested the court to charge- " 5. That the ...
... ment , he is not entitled now to object that only 134 bales . ( and not the 198 ) had been landed on the wharf ; which charge the court refused , and the defendant excepted . " Defendant also requested the court to charge- " 5. That the ...
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action Adm'r administrator admissible adverse possession afterwards agreement alleged amount answer appellant apply assigned for error assumpsit authority averment bill of exceptions cause chancellor Chancery Chancery Court charged the jury Circuit Court claim Code common law complainant contract court of equity creditors damages debts declaration decree deed defendant excepted defendant's demand demurrer detinue entitled equity evidence execution executor facts fendant filed fraud garnishment Garrett Georgia given heirs insolvent Insurance intestate issue John Johnston Joshua Kennedy judgment jurisdiction land levied liable ment Mobile mortgage negro objection Orleans overruled paid party payment person plaintiff plea pleaded possession proceedings promissory note proof proved purchase recover refused rendered resulting trust rule sheriff slaves sold statute statute of frauds sued suit supra sustained term testator testimony thereof Thomas tion trial trust void WADE KEYES wife Williams witness writ
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Страница 99 - ... as by the known usage of trade, or the like, acquired a peculiar sense, distinct from the popular sense of the same words ; or unless the context evidently...
Страница 304 - When any person having title to any real estate of inheritance shall die intestate as to such estate, it shall descend and pass in parcenary to such of his kindred, male and female, as are not alien enemies, in.
Страница 98 - ... considered as contracting with reference to it, is considered to form part of every policy, designed to protect risks in such trade, unless the express terms of the policy decisively repel the inference.
Страница 589 - But a mere intruder cannot enter on a person actually seized and eject him, and then question his title or set up an outstanding title in another. The maxim that the plaintiff must recover on the strength of his own title, and not on the weakness of the defendant's, is applicable to all actions for the recovery of property. But if the plaintiff had actual prior possession of the land, this is strong enough to enable him to recover it from a mere trespasser who entered without any title.
Страница 114 - If a man hath several distinct parcels of inclosed land, and he sells all but one surrounded by the others, and to which he has no way or passage except over one of the lots he has sold, it has been made a question, whether he be entitled to a right of way against his own deed, when he has been so improvident as to reserve none. It is said, in Clarke \. Coggef that the law reserves to him a right of way in such case from necessity.
Страница 713 - A bill of itself does not operate as an assignment of the funds in the hands of the drawee available for the payment thereof, and the drawee is not liable on the bill unless and until he accepts the same.
Страница 99 - ... if there should be any reasonable doubt upon the sense and meaning of the whole, to have a greater effect attributed to them than to the printed words, inasmuch as the written words are the immediate language and terms selected by the parties for the expression of their meaning...
Страница 253 - We do not say that it would be deemed a bona fide transaction, so as to bind the firm, if the majority choose wantonly to act without information to or consultation with the minority (Story on Part. § 123); but when, as in the present case, the one partner has given notice, and ex'pressed his dissent in advance, there could be no reason or propriety in requiring him to be consulted by the other two. We do not consider the cases to which we have been referred, holding that one partner has the right...
Страница 253 - ... the direction and control of the business to one of the partners, that the dissent of the other would not avail, if the contract was made in good faith (Pothier Traite du Com. de Soc., No. 71, 90) ; and such also, we think, is the rule of the common law. Const, v. Harris, Turn. & Russ. 496; Story on Part.
Страница 254 - The dissent, in the present case, cannot be regarded as a dissolution; for, if effectual, it would not necessarily produce that result, although it might operate to change the mode of conducting the business. In other words, it .might be carried on without contracting debts. * Our conclusion is that the act, being concurred in by two of the partners, was, under the circumstances, the act of the firm, and that the charge, asserting the proposition that the dissent of one partner against the other...