Reports of Cases Argued and Determined in the Supreme Court of Alabama, 42. köide |
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Page 18
... averred nor proved , that the testator had , at the date of the will , Confederate States bonds sufficient to satisfy the various legacies to be paid in them . The bill alleges , that the testator had a large amount of such bonds , but ...
... averred nor proved , that the testator had , at the date of the will , Confederate States bonds sufficient to satisfy the various legacies to be paid in them . The bill alleges , that the testator had a large amount of such bonds , but ...
Page 62
... averred to the use of another ; for that , observes Lord Chief Baron . Gilbert , were an averment contrary to the design of the will appear- ing in the words ; and accordingly in Lady Portington's case , the court of King's Bench ...
... averred to the use of another ; for that , observes Lord Chief Baron . Gilbert , were an averment contrary to the design of the will appear- ing in the words ; and accordingly in Lady Portington's case , the court of King's Bench ...
Page 79
... averred to be in writing . The Code provides that " all written instruments , the foundation of the suit , purporting to be signed by the defendant , his partner , agent or attorney in fact , must be received in evidence , without proof ...
... averred to be in writing . The Code provides that " all written instruments , the foundation of the suit , purporting to be signed by the defendant , his partner , agent or attorney in fact , must be received in evidence , without proof ...
Page 94
... averred in the bill that they " had no knowledge or information of the existence of any of said judgments , at the time of said purchase of said lot and store ; but , on the contrary , were informed that there were no liens upon said ...
... averred in the bill that they " had no knowledge or information of the existence of any of said judgments , at the time of said purchase of said lot and store ; but , on the contrary , were informed that there were no liens upon said ...
Page 136
... averred . - A complaint in a suit for dam- ages for the wrongful and vexatious suing out of an attachment , must aver special damages , in order to authorize proof , and a recovery of such special damages . 2. Bill of exceptions taken ...
... averred . - A complaint in a suit for dam- ages for the wrongful and vexatious suing out of an attachment , must aver special damages , in order to authorize proof , and a recovery of such special damages . 2. Bill of exceptions taken ...
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Common terms and phrases
A. J. WALKER action Adm'r administrator affirmed Alabama alleged amount appellant appellee application assigned authority averred bill of exceptions bonds BYRD cause Chancery Court charge asked circuit court claim common law complaint Conference South contract cotton court of equity Dallas county damages deceased declarations decree deed defect defendant excepted demurrer detinue distributees dollars engine entitled equity error evidence execution executor facts filed final settlement garnishee GEORGE GOLDTHWAITE Gilmer guardian Hanrick heirs injury interest judge judgment land legacy letters testamentary liable ment Mobile & Ohio motion notice objection Ohio R. R. overruled paid parties payment petition plaintiff plea pleading possession probate court promissory note proof purchase question record recover refused remanded rendered rent Revised Code rule sheriff slaves statute suit sustained term testator thereof tion trial trust unlawful detainer Westley Thomas Wife witness
Popular passages
Page 614 - President of the United States, and commander-in-chief of the army and navy of the United States, do hereby appoint William W.
Page 614 - ... SEC. 9. And be it further enacted, That all slaves of persons who shall hereafter be engaged in rebellion against the Government of the United States, or who shall in any way give aid or comfort thereto, escaping from such persons and taking refuge within the lines of the army, and all slaves captured from such persons or deserted by them and coming under the control of the Government of the United States...
Page 525 - if any man and woman live together in adultery or fornication, each of them must, on the first conviction of the offence, be fined not less than one hundred dollars, and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than six months.
Page 98 - If, in foreign invasion or civil war, the courts are actually closed, and it is impossible to administer criminal justice according to law, then, on the theater of active military operations, where war really prevails, there is a necessity to furnish a substitute for the civil authority, thus overthrown...
Page 367 - if a man, by deed, limit lands to the use of himself for life, with remainder to the...
Page 121 - That in actions by or against executors, administrators, or guardians, in which judgment may be rendered for or against them, neither party shall be allowed to testify against the other, as to any transaction with, or statement by, the testator, intestate, or ward, unless called to testify thereto by the opposite party, or required to testify thereto by the court.
Page 99 - Martial Law in a hostile country consists in the suspension, by the occupying military authority, of the criminal and civil law, and of the domestic administration and government in .the occupied place or territory, and in the substitution of military rule and force for the same, as well as in the dictation of general laws, as far as military necessity requires this suspension, substitution, or dictation.
Page 260 - a judgment recovered in any form of action is still but a security for the original cause of action until it be made productive in satisfaction to the party.
Page 767 - Their jurisdiction in civil cases shall be limited to causes in which the amount in controversy shall not exceed fifty dollars. And in all cases tried by a Justice of the Peace, right of appeal shall be secured, under such rules and regulations as may be prescribed by law.
Page 98 - For martial law, which is built upon no settled principles, but is entirely arbitrary in its decisions, is, as Sir Matthew Hale observes, in truth and. reality no law, but .something indulged rather than allowed as a law.