The Southern Reporter, Volume 28West Publishing Company, 1901 |
From inside the book
Results 1-5 of 100
Page 6
... matter of the maturing of the stock , a matter of opinion or judgment , and , so far as is shown by the bill , equally open to both parties . In Railway Co. v . Matthews , 77 Ala . 364 , it was said by this court 28 SOUTHERN REPORTER ...
... matter of the maturing of the stock , a matter of opinion or judgment , and , so far as is shown by the bill , equally open to both parties . In Railway Co. v . Matthews , 77 Ala . 364 , it was said by this court 28 SOUTHERN REPORTER ...
Page 31
... matter of defense affirma- tive in character , and relied on to defeat and overturn a prima facie case made by the bill . Wood v . Pebbles , supra ; Freeman v . Stuart , supra ; Robinson v . Moseley , 93 Ala . 70 , 9 South . 372 ; Moog ...
... matter of defense affirma- tive in character , and relied on to defeat and overturn a prima facie case made by the bill . Wood v . Pebbles , supra ; Freeman v . Stuart , supra ; Robinson v . Moseley , 93 Ala . 70 , 9 South . 372 ; Moog ...
Page 33
... matter introduced by amend- ment for the purpose of avoiding a certain matter of defense set up in the pleas of one of the respondents . This matter of de- fense , as averred in the plea of respond- ent mortgage company , is that B. R. ...
... matter introduced by amend- ment for the purpose of avoiding a certain matter of defense set up in the pleas of one of the respondents . This matter of de- fense , as averred in the plea of respond- ent mortgage company , is that B. R. ...
Page 53
... matter in- quired about . Thereupon defendant objected to a word in the charge on the ground that it was indefinite , and the court added in writing , and read to the jury , the explanation of the word as insisted on by the defendant ...
... matter in- quired about . Thereupon defendant objected to a word in the charge on the ground that it was indefinite , and the court added in writing , and read to the jury , the explanation of the word as insisted on by the defendant ...
Page 56
... matter of proof has been omitted , and their minds are not satisfied , this is a reasonable doubt , and you should find the defendant not guilty . " The charge , taken as a whole , was properly refused . It was calculated to mislead the ...
... matter of proof has been omitted , and their minds are not satisfied , this is a reasonable doubt , and you should find the defendant not guilty . " The charge , taken as a whole , was properly refused . It was calculated to mislead the ...
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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.