Reports of Cases at Law and in Equity, Argued and Determined in the Supreme Court of Alabama, New Series, Volume 9Hale and Phelan, printers, 1846 - Law reports, digests, etc |
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Page 46
... insisted , applied to all the charges which the Court refused , except the first ; as to which they cited 1 Story's Eq . $ 208 ; 9 Porter , 678 ; 1 Ves . sr . 95 . J. B. CLARK and MURPHY , contra . - The principal has not rescinded the ...
... insisted , applied to all the charges which the Court refused , except the first ; as to which they cited 1 Story's Eq . $ 208 ; 9 Porter , 678 ; 1 Ves . sr . 95 . J. B. CLARK and MURPHY , contra . - The principal has not rescinded the ...
Page 59
... insisted that the demurrer should have been sustained , because the sci . fa . does not show a sufficient warrant for thus rendering the judgment - it sets out nothing but the judgment itself , with- out disclosing the motion , and ...
... insisted that the demurrer should have been sustained , because the sci . fa . does not show a sufficient warrant for thus rendering the judgment - it sets out nothing but the judgment itself , with- out disclosing the motion , and ...
Page 68
... insisted that all the questions raised here , are covered by the opinion delivered when the cause was here before , [ 5 Ala . Rep . 683 , ] so far as the merits of the case are concerned . As to the charge , there is no un- certainty or ...
... insisted that all the questions raised here , are covered by the opinion delivered when the cause was here before , [ 5 Ala . Rep . 683 , ] so far as the merits of the case are concerned . As to the charge , there is no un- certainty or ...
Page 93
... insisted that the answer was evidence for them , and might be looked to to sustain the issue on their part . Upon this the plaintiffs moved the Court to instruct the jury , 1. That the affirmative allegations made by the garnishees in ...
... insisted that the answer was evidence for them , and might be looked to to sustain the issue on their part . Upon this the plaintiffs moved the Court to instruct the jury , 1. That the affirmative allegations made by the garnishees in ...
Page 94
... insisted , 1. That the answer of the garnishee is made evidence , and in the absence of statutory authority , would be the sole evi- dence to charge or discharge the party . [ 4 Mass . 85 , 272 ; 8 Pick . 67. ] . 2. The statute only ...
... insisted , 1. That the answer of the garnishee is made evidence , and in the absence of statutory authority , would be the sole evi- dence to charge or discharge the party . [ 4 Mass . 85 , 272 ; 8 Pick . 67. ] . 2. The statute only ...
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Common terms and phrases
action Adm'r administrator affirmed agreement alledged amount answer appear assigned assumpsit Bank bill of exceptions bond Branch Bank cause Chancery Circuit Court cited claim Clay's complainant contract Copeland County Court Court of Chancery court of equity creditors Davenport debt debtor declaration decree deed defendant in error defendant's demurrer detinue distributees dollars entitled equity evidence execution fact fendant filed fraud garnishee indorser insisted intended intestate issue Judge judgment Juzan land levy liable matter ment Mobile mortgage motion notice objection Orphans paid party payment person plaintiff in error plea plea in abatement pleaded Porter Porter's Rep possession promissory note proof proved question received record recover refused rendered reversed scire facias settlement sheriff slaves sold statute statute of frauds sued sufficient suit surety sustained term tion trial trust vendor verdict wife witness Writ of Error
Popular passages
Page 616 - Whether the party thus misrepresenting a fact knew it to be false, or made the assertion without knowing whether it were true or false, is wholly immaterial; for the affirmation of what one does not know, or believe to be true, is equally, in morals and law, as unjustifiable as the affirmation of what is known to be positively false.
Page 423 - Lord one thousand eight hundred and twenty-one, or shall hereafter be made and executed, shall be void and of no effect against a subsequent judgment creditor, or bona fide purchaser, or mortgagee for a valuable consideration, not having notice thereof...
Page 783 - It is a question of fact for the jury, under all the circumstances of the case...
Page 446 - ... will be entitled to every remedy, which the creditor has against the principal debtor ; to enforce every security and all means of payment; to stand in the place of the creditor; not only through the medium of contract, but even by means of securities, entered into without the knowledge of the surety; having a right to have those securities transferred to him ; though there was no stipulation for that; and to avail himself of all those securities against the debtor.
Page 551 - ... is hereby, authorized to enter with the register of the land office for the district in which such land may lie, by legal subdivisions, any number of acres not exceeding one hundred and sixty, or a quarter section of land...
Page 1013 - The true test of the interest of a witness is, that he will either gain or lose by the direct legal operation and effect of the judgment, or that the record will be legal evidence for or against him in some other action.
Page 890 - Where a man having by a woman one or more children, shall afterwards intermarry with such woman, such child or children, if recognized by him, shall be thereby legitimated.
Page 215 - ... other citizens of the United States, without any tax, duty, impost or toll therefor.
Page 179 - ... no tradesman, artificer, workman, laborer, or other person whatsoever, shall do or exercise any worldly labor, business or work of their ordinary callings upon the Lord's day, or' any part thereof (works of necessity and charity only excepted...
Page 504 - Every gift, grant or conveyance of lands, tenements, hereditaments, goods or chattels, or of any rent, common or profit out of the same, by writing or otherwise, and every bond, suit, judgment or execution, had or made, and contrived of malice, fraud, covin, collusion or guile, to the intent or purpose to delay, hinder or defraud creditors of their just and lawful actions...