Southern Reporter, Volume 9West Publishing Company, 1891 - Law reports, digests, etc Includes the decisions of the Supreme Courts of Alabama, Florida, Louisiana, and Mississippi, the Appellate Courts of Alabama and, Sept. 1928/Jan. 1929-Jan./Mar. 1941, the Courts of Appeal of Louisiana. |
Contents
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Common terms and phrases
action adverse possession affirmed agent alleged amended amount Appeal from circuit appellee authority averments Birmingham cause chancery court charge circuit court city court Civil Code claim complainant constitution contract contributory negligence corporation Court of Alabama court of equity creditors damages debts deceased decree deed defendant defendant's demurrer dence duty entitled equity error Escambia county evidence executed facts fendant filed garnishee ground heirs held indictment injury issue James Beatty Jefferson county Judge judgment jurisdiction jury land liability ment Morris & Co mortgage negligence Orleans owner paid parties payment person plaintiff plea possession proceedings proof purchase purpose question Railroad Co railroad company Railway reason recover refused rendered rule Smith sold South statute stockholders street suit Supreme Court testator testimony thereof tion train trial trust verdict witness writ
Popular passages
Page 122 - That no bill of sale, mortgage, hypothecation, or conveyance of any vessel, or part of any vessel of the United States, shall be valid against any person other than the grantor or mortgagor, his heirs and devisees, and persons having actual notice thereof; unless such bill of sale, mortgage, hypothecation, or conveyance be recorded in the office of the Collector of the Customs where such vessel is registered or enrolled...
Page 219 - ... the plaintiff must recover upon the strength of his own title and not upon the weakness of that of the defendant...
Page 277 - ... 1. By reason of any defect in the condition of the ways, works, machinery, or plant, connected with or used in the business of the employer which arose from or had not been discovered or remedied owing to the negligence of the employer or of any person in the service of the employer and intrusted by him with the duty of seeing that the ways, works, machinery, or plant, were in proper condition; 2.
Page 134 - ... is deemed a trust fund for the payment of the debts of the corporation ; so that the creditors have a lien or right of priority of payment on it, in preference to any of the stockholders in the corporation.
Page 144 - No foreign corporation shall do any business in this State without having one or more known places of business, and an authorized agent or agents in the same upon whom process may be served.
Page 321 - Would the owner of the property, in an action of ejectment brought by the adverse party, founded upon the deed, be required to offer evidence to defeat a recovery? If such proof would be necessary, the cloud would exist ; if the proof would be unnecessary, no shade would be cast by the presence of the deed.
Page 90 - Necessarily, therefore, it must consider and pass upon the qualifications of the applicant, the acts he has performed to secure the title, the nature of the land, and whether it is of the class which is open to sale. Its judgment upon these matters is that of a special tribunal, and is unassailable except by direct proceedings for its annulment or limitation. Such has been the uniform language of this court in repeated decisions.
Page 217 - The granting of a new trial places the parties in the same position as if no trial had been had. All the testimony must be produced anew, and the former verdict cannot be used or referred to, either in evidence or in argument, or be pleaded in bar of any conviction which might have been had under the indictment.
Page 134 - Dues from private corporations shall be secured by such means as may be prescribed by law; but in no case shall any stockholder be individually liable otherwise than for the unpaid stock owned by him or her.
Page 10 - The marshals and their deputies shall have, in each State, the same powers, in executing the laws of the United States, as the sheriffs and their deputies in such State may have, by law, in executing the laws thereof.