Reports of Cases at Law and in Equity, Argued and Determined in the Supreme Court of Alabama, New Series, Volume 7Hale and Phelan, printers, 1845 - Law reports, digests, etc |
Contents
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Common terms and phrases
action administrator affirmed agent Alabama alledged amount appears assignment assumpsit authority Bank at Mobile bill of exceptions bond Branch Bank Chancery charged the jury Circuit Court cited claim claimant Clay's complainant contract conveyance conveyed County Court Court of Chancery Court of equity creditors debt debtor declaration decree deed defendant in error defendant's demurrer detinue discharge dollars entitled equity evidence executor fact fieri facias filed Forbes & Co fraud garnishee GOLDTHWAITE held indorsement insisted intended interest issue John judgment land latter levied liable lien ment mortgage notice objection paid parties payable payment person plaintiff in error plea pleaded Porter Porter's Rep possession proceedings promissory note proof proved question recover refused rendered rule sheriff slaves sold statute statute of frauds sued sufficient suit surety term testator thereof tion trial trust verdict void Walker witness Writ of error
Popular passages
Page 155 - ... unless the promise or agreement upon which such action shall be brought, or some memorandum or note thereof shall be in writing, and signed by the party to be charged therewith, or some other person by him thereunto lawfully authorized.
Page 17 - We may lay it down as a broad general principle, that, wherever one of two innocent persons must suffer by the acts of a third, he who has enabled such third person to occasion the loss must sustain it.
Page 553 - Where there is any defect, imperfection, or omission in any pleading, whether in substance or form, which would have been a fatal objection upon demurrer; yet if the issue joined be such as necessarily required on the trial proof of the facts so defectively...
Page 12 - Mobile could be amended to conform to the true name given in the declaration as the Branch of the Bank of the State of Alabama at Mobile.
Page 155 - That no action shall be brought .... whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person .... unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing...
Page 423 - that the law of the place where the contract is made is to determine the rate of interest when the contract specifically gives interest; and this will be the case though the loan be secured by a mortgage on lands in another State, unless there be circumstances to show that the parties had in view the laws of the latter place in respect to interest. When that is the case, the rate of interest of the place of payment is to govern.
Page 549 - An act supplementary to the several acts for the adjustment of land claims in the state of Louisiana," approved the llth May, 1820, and for other purposes, Feb.
Page 214 - And, on the other hand, where the accounts are all on one side, and no discovery is sought, or required...
Page 330 - All persons whatsoever, residing in any State, District or Territory of the United States, owing debts which shall not have been created in consequence of a defalcation as a public officer ; or as executor, administrator, guardian or trustee, or while acting in any other fiduciary capacity...
Page 565 - In civil cases evidence of general character is not admitted unless the nature of the action involves the general character of the party, or goes directly to affect it.