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 66
... shown that Rhodes was one , and as a member of the company , he would not be liable , except in a court of equity . 3. But if Deshler was a competent witness , his testimony cannot vary the contract , as shown upon the bills , between ...
... shown that Rhodes was one , and as a member of the company , he would not be liable , except in a court of equity . 3. But if Deshler was a competent witness , his testimony cannot vary the contract , as shown upon the bills , between ...
Page 67
... shown , would make Rhodes liable for one fourth only , and the verdict is for one half of the bills . No charge was given as to the operation of the insolvency of the two other parties to the bills , nor was it brought to the notice of ...
... shown , would make Rhodes liable for one fourth only , and the verdict is for one half of the bills . No charge was given as to the operation of the insolvency of the two other parties to the bills , nor was it brought to the notice of ...
Page 82
... - neous , may not have produced the conviction . As to the other portion of the charge in this connexion , it is unnecessary to be examined , because so far as the case goes , it is not shown Governor , use , & c . v . Powell 82 ALABAMA .
... - neous , may not have produced the conviction . As to the other portion of the charge in this connexion , it is unnecessary to be examined , because so far as the case goes , it is not shown Governor , use , & c . v . Powell 82 ALABAMA .
Page 86
... shown in the levy of the plaintiff's fi . fa . were not sold until the first Monday in March , 1842 , and brought only the sum of three or four hundred dollars - and if the jury should fur- ther believe , that in consequence of the ...
... shown in the levy of the plaintiff's fi . fa . were not sold until the first Monday in March , 1842 , and brought only the sum of three or four hundred dollars - and if the jury should fur- ther believe , that in consequence of the ...
Page 89
... shown upon the record , what the actual value of the land was , as encumbered by the mortgage . Let the judgment be reversed , and the cause remanded . EX PARTE RYAN , ET AL . 1. Where , in an action upon a promissory note , the ...
... shown upon the record , what the actual value of the land was , as encumbered by the mortgage . Let the judgment be reversed , and the cause remanded . EX PARTE RYAN , ET AL . 1. Where , in an action upon a promissory note , the ...
Contents
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908 | |
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1016 | |
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1053 | |
1058 | |
1065 | |
1076 | |
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1083 | |
Other editions - View all
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...