Reports of Cases Argued and Determined in the Supreme Court of Alabama, Том 27 |
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Страница 119
... plaintiff's wife ; while the defendant claimed under a purchase from said Mary Saunders , during her lifetime , and while said negro was in her possession with the assent of her husband's executor . In the writ , and also in the ...
... plaintiff's wife ; while the defendant claimed under a purchase from said Mary Saunders , during her lifetime , and while said negro was in her possession with the assent of her husband's executor . In the writ , and also in the ...
Страница 120
... plaintiff , a judgment should go in his favor for said negro and damages and costs of suit , as on jury and verdict ... plaintiff to a judg ment , the same was so awarded in favor of the plaintiff ; to which the defendant excepted ...
... plaintiff , a judgment should go in his favor for said negro and damages and costs of suit , as on jury and verdict ... plaintiff to a judg ment , the same was so awarded in favor of the plaintiff ; to which the defendant excepted ...
Страница 125
... plaintiff in the writ and the plaintiff in the declaration . The words " as trustee for his wife , Elizabeth Land , " which follow his name in the writ and in the commencement of the declaration , may well be treated as mere surplusage ...
... plaintiff in the writ and the plaintiff in the declaration . The words " as trustee for his wife , Elizabeth Land , " which follow his name in the writ and in the commencement of the declaration , may well be treated as mere surplusage ...
Страница 142
... plaintiff on which the attachment might be levied , and on which it was subsequently levied , is relevant and admissible for the plaintiff , as tend- ing to show that said defendant was instrumental and active in causing the attachment ...
... plaintiff on which the attachment might be levied , and on which it was subsequently levied , is relevant and admissible for the plaintiff , as tend- ing to show that said defendant was instrumental and active in causing the attachment ...
Страница 143
... plaintiff ' s general credit and reputation , when admissible - Specific objec tion to evidence . - Evidence of the plaintiff's general credit and reputation , it seems , is not admissible for him in case to recover damages for the ...
... plaintiff ' s general credit and reputation , when admissible - Specific objec tion to evidence . - Evidence of the plaintiff's general credit and reputation , it seems , is not admissible for him in case to recover damages for the ...
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Често срещани думи и фрази
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 300 - 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 585 - 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 709 - 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 249 - 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 249 - ... 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 250 - 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...