Reports of Cases Argued and Determined in the Supreme Court of Alabama, Volume 70 |
From inside the book
Results 1-5 of 78
Page 8
... reference to the value of the animal . stolen . - Code , 1876 , § 4358. The only evidence in the case , showing any caption , or asportation of the animal , was the tes- timony of an accomplice , one Wadworth , who made the fol- lowing ...
... reference to the value of the animal . stolen . - Code , 1876 , § 4358. The only evidence in the case , showing any caption , or asportation of the animal , was the tes- timony of an accomplice , one Wadworth , who made the fol- lowing ...
Page 15
... reference to the subject- matter , and the circumstances attending its employment . The connection in which the term bailee is found in the statute un- der consideration , indicates very clearly that it is not used in its largest sense ...
... reference to the subject- matter , and the circumstances attending its employment . The connection in which the term bailee is found in the statute un- der consideration , indicates very clearly that it is not used in its largest sense ...
Page 44
... reference to the killing of the deceased accidentally , were properly refused . Instructions to the jury must be founded on the evidence , and if they are not , though stating correct legal propositions , ought to be refused because ...
... reference to the killing of the deceased accidentally , were properly refused . Instructions to the jury must be founded on the evidence , and if they are not , though stating correct legal propositions , ought to be refused because ...
Page 46
... reference to the drunkenness , is apparent . If given , it would have authorized an acquittal , though the jury may have been satisfied the homicide was malicious and voluntary . When 12. The former assault , made by the deceased upon ...
... reference to the drunkenness , is apparent . If given , it would have authorized an acquittal , though the jury may have been satisfied the homicide was malicious and voluntary . When 12. The former assault , made by the deceased upon ...
Page 63
... reference , the register is aided by the personal attendance of the witnesses during their examination before him ; and his findings on controverted facts should not be disturbed , either by the chancellor or by this court , unless ...
... reference , the register is aided by the personal attendance of the witnesses during their examination before him ; and his findings on controverted facts should not be disturbed , either by the chancellor or by this court , unless ...
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Common terms and phrases
action Adm'r administrator de bonis agreement Alabama alleged amount appeal appellee asserted Asso attachment authority averment B. O. James Bill in Equity bond chancellor Chancery Court charge Circuit Court claim Code Coltart common law complainant contract conveyance conveyed corporation court of equity coverture Coxe creditors debt deceased declared decree deed defendant demurrer distributees duty entitled evidence execution executor fact filed fraud granted Grimball heirs Huntsville husband indictment intended interest intestate issue James & Co Jewett John judgment jurisdiction jury Kelly lands lease levied liability marriage ment Milhous mortgage mortgagor Munford paid parties payment plaintiff possession principle Probate Court proceedings promissory note purchase purchase-money railroad company relief rendered rents rule separate estate settlement sold Spedden statute statute of limitations sued suit surety term thereof tion transfer trust usurious validity vendor's lien wife witness
Popular passages
Page 144 - The obligation of a contract is "the law which binds the parties to perform their agreement." Sturges v. Crowninshield, 4 Wheat. 122, 197; Story, op. cit., § 1378. This Court has said that "the laws which subsist at the time and place of the making of a contract, and where it is to be performed, enter into and form a part of it, as if they were expressly referred to or incorporated in its terms. This principle embraces alike those which affect its validity, construction, discharge and enforcement.
Page 124 - If the thing wanting or which failed to be done, and which constitutes the defect in the proceedings, Is something the necessity for which the legislature might have dispensed with by prior statute, then it is not beyond the power of the Legislature to dispense with it by subsequent statute; and If the irregularity consists in doing some act, or in the mode or manner of doing some act, which the Legislature might have made immaterial by prior law, It Is equally competent to make the same immaterial...
Page 500 - ... every alternate section of land, designated by odd numbers, for six sections in width on each side of said roads.
Page 147 - That all political power is inherent in the people, and all free Governments are founded on their authority, and instituted for their benefit; and that they have at all times an undeniable and indefeasible right to alter their form of government in such manner as they may think expedient.
Page 508 - ... if any of said roads are not completed within ten years, no further sale shall be made and the lands unsold shall revert to the United States.
Page 501 - That any and all lands heretofore reserved to the United States by any act of Congress, or in any other manner by competent authority, for the purpose of aiding in any object of internal improvement, or...
Page 501 - An,d be it further enacted, That the sections and parts of sections of land which, by such grant, shall remain to the United States, within six miles on each side of said roads, shall not be sold for less than double the minimum price of the public lands, when sold...
Page 143 - There can be no law of this State impairing the obligation of contracts by destroying or impairing the remedy for their enforcement ; and the Legislature shall have no power to revive any right or remedy which may have become barred by lapse of time, or by any statute of this State.
Page 501 - ... that a quantity of land not exceeding one hundred and twenty sections, and included within a continuous length of twenty miles of roads, respectively, may be sold; and when the Governor of said state shall certify to the Secretary of the Interior that any...
Page 144 - The obligation of a contract consists in its binding force on the party who makes it. This depends on the laws in existence when it is made; these are necessarily referred to in all contracts, and forming a part of them as the measure of the obligation to perform them by the one party, and the right acquired by the other.