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action affirmative agent Alabama alleged amended amount answer appeal application assessment assigns Association authority averred Bank bill bonds brought Building cause charge circuit City claim Code Company complaint consideration contract corporation count court crossing damages debt deceased decree deed defendant defendant's demurrer duly duty effect engine entitled equity error evidence excepted executed facts failed filed fire further give given ground guilty injury interest intestate issue judge judgment jurisdiction jury land loan matter ment mortgage motion necessary negligence notice objection opinion original overruled paid parties payment person plaintiff plea possession present proof provisions purchase question railroad Railway reason received record recover refused rendered requested road rule secure separate shares shown sparks statute stop sufficient suit tending testified testimony thereof tion track train trial trust witness
Страница 549 - Is that a person guilty of negligence should be held responsible for all the consequences which a prudent and experienced man, fully acquainted with all the circumstances which In fact existed, whether they could have been ascertained by reasonable diligence or not, would, at the time of the negligent act, have thought reasonably possible to follow, If they had occurred to his mind.
Страница 373 - ... plaintiff, by his answer, of the nature of the case he intends to set up (and that, too, in a clear unambiguous manner) ; and that a defendant cannot avail himself of any matter in defence which is not stated in his answer, even though it should appear in his evidence.
Страница 354 - Upon the introduction of all the evidence the defendant requested the court to give to the jury the following written charges, and separately excepted to the court's refusal to give each of them as asked : (a) " If the jury believe the evidence, they must find in favor of the deWoodward Iron Co. v. Herndon. (Ns) fendant upon the first count of the complaint." (b) " If the jury believe the evidence, the y must find for the defendant...
Страница 442 - The other facts of the ease necessary to an understanding of the decision on the present appeal are sufficiently stated in the opinion. Upon the introduction of all the evidence the defendant requested the court to give to the jury the following written charges, and separately excepted to the court's refusal to give each of them as asked : ( 1.
Страница 672 - ... or under any other similar circumstances which render it unconscientious for the holder of the legal title to retain and enjoy the beneficial interest, equity impresses a constructive trust on the property thus acquired in favor of the one who is truly and equitably entitled tu the same, although he may never perhaps have had any legal estate therein...
Страница 404 - The natural law which forbids their intermarriage and that social amalgamation which leads to a corruption of races, is as clearly divine as that which imparted to them different natures.
Страница 368 - The wife has full legal capacity to contract in writing as If she were sole, with the assent and concurrence of her husband expressed In writing.
Страница 549 - If the wrong and the resulting damage are not known by common experience to be naturally and usually in sequence, and the damage does not, according to the ordinary course of events, follow from the wrong, then the wrong and the damage are not sufficiently conjoined or concatenated as cause and effect to support an action.
Страница 562 - ... made with the intent to hinder, delay, or defraud creditors or other persons of their lawful suits, damages, forfeitures, debts, or demands, and every bond or other evidence of debt given, suits commenced, decree or judgment suffered, with the like intent as against the persons hindered, delayed, or defrauded, shall be void.