The Southern Reporter, Volume 28West Publishing Company, 1901 |
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Page 10
... court is cover . affirmed . ( 126 Ala . 146 ) PRINZ v . WEBER . ( Supreme Court of Alabama . April 12 , 1900. ) JUSTICES OF THE PEACE - LOSS OF RECORDS SUBSTITUTION - NOTICE - APPEAL AND ERROR . 1. In justice court the record and other ...
... court is cover . affirmed . ( 126 Ala . 146 ) PRINZ v . WEBER . ( Supreme Court of Alabama . April 12 , 1900. ) JUSTICES OF THE PEACE - LOSS OF RECORDS SUBSTITUTION - NOTICE - APPEAL AND ERROR . 1. In justice court the record and other ...
Page 21
... court on the question proceed on this principle . That Mary Covington , if proven to be the widow of said decedent , W. A. Covington , would be entitled to the rights attaching by law to such relationship , does not preclude her ...
... court on the question proceed on this principle . That Mary Covington , if proven to be the widow of said decedent , W. A. Covington , would be entitled to the rights attaching by law to such relationship , does not preclude her ...
Page 28
... Court of Mississippi . April 23 , 1900. ) APPEAL - RECORD - TAXATION OF COSTS . 1. An assignment of error that the court erred in refusing to quash the execution cannot be considered ; the record showing no motion to quash . 2. The ...
... Court of Mississippi . April 23 , 1900. ) APPEAL - RECORD - TAXATION OF COSTS . 1. An assignment of error that the court erred in refusing to quash the execution cannot be considered ; the record showing no motion to quash . 2. The ...
Page 36
... court to give the general affirmative charge in its behalf , and duly excepted to the court's refusal to give the charge as asked . There were verdict and judgment for the plaintiff . The defendant appeals , and assigns as error the ...
... court to give the general affirmative charge in its behalf , and duly excepted to the court's refusal to give the charge as asked . There were verdict and judgment for the plaintiff . The defendant appeals , and assigns as error the ...
Page 40
... Court of Alabama . April 18 , 1900. ) APPEAL - FINAL JUDGMENT - MANDAMUS . 1. A final judgment not being rendered against garnishee , he cannot appeal . 2. Mandamus will not lie to compel vacation of order granting plaintiff leave to ...
... Court of Alabama . April 18 , 1900. ) APPEAL - FINAL JUDGMENT - MANDAMUS . 1. A final judgment not being rendered against garnishee , he cannot appeal . 2. Mandamus will not lie to compel vacation of order granting plaintiff leave to ...
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Popular passages
Page 159 - ... take possession of the books, records, and assets of every description of such association, collect all debts, dues, and claims belonging to such association, and, upon the order of a court of record of competent jurisdiction, may sell or compound all bad or doubtful debts, and, on a like order, sell all the real and personal property of such association, on such terms as the court shall direct...
Page 119 - The provisions of all laws which are inconsistent with this Constitution shall cease upon its adoption, except that all laws which are inconsistent with such provisions of this Constitution as require legislation to enforce them, shall remain in force until the first day of July, one thousand eight hundred and seventy-seven, unless sooner amended or repealed by the General Assembly.
Page 308 - That the contributory negligence of the party injured will not defeat the action, if it be shown that the defendant might, by the exercise of reasonable care and prudence, have avoided the consequences of the injured party's negligence.
Page 27 - It is admitted that the rule is difficult of application. But it is generally held that, in order to warrant a finding that negligence, or an act not amounting to wanton wrong, is the proximate cause of an injury, it must appear that the injury was the natural and probable consequence of the negligence or wrongful act, and that it ought to have been foreseen in the light of the attending circumstances.
Page 375 - For the reasons herein assigned, it is hereby ordered, adjudged, and decreed that the judgment of the district court be, and the same Is hereby, annulled, avoided, and reversed, and it is now ordered, adjudged, and decreed that the plaintiff, Mrs.
Page 8 - It [a fee simple] is an estate of perpetuity, and confers an unlimited power of alienation, and no person is capable of having a greater estate or interest in land. Every restraint upon alienation is inconsistent with the nature of a fee simple; and if a partial restraint be annexed to a fee, as a condition not to alien for a limited time, or not to a particular person, it ceases to be a fee simple, and becomes a fee subject to a condition.
Page 378 - The defendant, as a witness in his own behalf, testified that he told Race that he was then ready to deliver the hops to the plaintiffs ; that 40odd bales were in the warehouse at Brooks station on the morning of the 10th of October, and had been for some time previous; that afterward and on that day he caused 29 or 30 bales more to be hauled by his workmen to...
Page 423 - 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) "If the jury believe the evidence in this case, they must find a verdict for the defendant.
Page 119 - Instruction, who, after the first term of office, shall be elected by the people; the first term of office shall be filled by appointment of the Governor, by and with the advice and consent of the Senate.
Page 99 - When perpetrated by any act imminently dangerous to others, and evincing a depraved mind, regardless of human life, although without any premeditated design to affect the death of any particular individual.