Reports of Cases at Law and in Equity, Argued and Determined in the Supreme Court of Alabama, New Series, Volume 8Hale and Phelan, printers, 1846 - Law reports, digests, etc |
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Page 26
... action . And a nominal plaintiff in ejectment , has been com- mitted for a contempt , upon releasing an action . [ 1 Salk . 260. ] On the other hand , it is said , in Buller's Nisi Prius , 233 , that the answer of a trustee can , in no ...
... action . And a nominal plaintiff in ejectment , has been com- mitted for a contempt , upon releasing an action . [ 1 Salk . 260. ] On the other hand , it is said , in Buller's Nisi Prius , 233 , that the answer of a trustee can , in no ...
Page 44
... action of detinue ; previous to the termination of the suit , the plaintiff endeavored to obtain possession of the property in controversy ; this was resisted by the defend- ant , who was in possession of the same saying he would keep ...
... action of detinue ; previous to the termination of the suit , the plaintiff endeavored to obtain possession of the property in controversy ; this was resisted by the defend- ant , who was in possession of the same saying he would keep ...
Page 45
... action of detinue . The action in which the bond was given was brought by Daniel S. E. Starr , against Burke , for the recov- ery of the slave , and previous to its termination , the plaintiff be- low became uneasy on account of his ...
... action of detinue . The action in which the bond was given was brought by Daniel S. E. Starr , against Burke , for the recov- ery of the slave , and previous to its termination , the plaintiff be- low became uneasy on account of his ...
Page 47
... action , and a material issue be tried thereon . " We have always given to this statute a liberal interpretation in advancement of the object contemplated by the legislature . It is clear that the decla- ration contains a substantial ...
... action , and a material issue be tried thereon . " We have always given to this statute a liberal interpretation in advancement of the object contemplated by the legislature . It is clear that the decla- ration contains a substantial ...
Page 77
... action . We apprehend it is well settled that the mere right of action of a de- fendant in execution to personal property is not the subject of a levy . [ Commonwealth v . Abel , 6 J. J. Marsh . 476 ; Thomas v . Thomas , 2 Marsh . Rep ...
... action . We apprehend it is well settled that the mere right of action of a de- fendant in execution to personal property is not the subject of a levy . [ Commonwealth v . Abel , 6 J. J. Marsh . 476 ; Thomas v . Thomas , 2 Marsh . Rep ...
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Common terms and phrases
action Adm'r administrator admission alledged amount answer appears assigned assumpsit Bank of Mobile bankrupt bill of exceptions bond Branch Bank cause Chancery chose in action Circuit Court cited claim claimant Clay's common counts common law complainant contract County Court Court of Chancery Court of Equity creditor debt debtor declaration decree deed defendant in error defendant's demand demurrer discharge dollars entitled equity evidence execution fact fendant fieri facias filed fraud garnishee given heirs held indorsement insolvent intended interest issue John judgment jurisdiction land levied liable lien matter ment mortgage notice objection paid parties payment person plaintiff in error plea pleaded Porter Porter's Rep possession proceedings proof proved question record recover refused rendered sheriff slaves sold statute Stonum sued sufficient suit surety sustained term testimony tion trial trust Tuscumbia verdict Wetumpka wife witness Writ of Error
Popular passages
Page 892 - Mississippi, and the navigable waters leading into the same, shall be common highways, and forever free as well to the inhabitants of said State, as to all other citizens of the United States, without any tax, duty, impost, or toll therefor, imposed by the said State of Iowa.
Page 804 - The party's own admission, whenever made, may be given in evidence against him ; but the admission or declaration of his agent binds him only when it is made during the continuance of the agency in regard to a transaction then depending, et dum fervet opus.
Page 839 - The Judiciary power of every Government looks beyond its own local or municipal laws, and in civil cases lays hold of all subjects of litigation between parties within its jurisdiction, though the causes of dispute are relative to the laws of the most distant part of the globe.
Page 178 - ... and the same shall be conclusive evidence of itself in favor of such bankrupt, unless the same shall be impeached for some fraud or wilful concealment by him of his property or rights of property, as aforesaid, contrary to the provisions of this act, on prior reasonable notice specifying in writing such fraud or concealment...
Page 383 - If a day be appointed for payment of money, or part of it, or for doing any other act, and the day is to happen, or may happen, before the thing which is the consideration of the money, or other act, is to be performed, an action may be brought for the money, or for not doing such other act before performance; for it appears that the party relied upon his remedy, and did not intend to make the performance a condition precedent...
Page 835 - States; and such discharge and certificate, when duly granted, shall in all courts of justice be deemed a full and complete discharge of all debts, contracts and other engagements of such bankrupt which are provable under this act...
Page 564 - A. is to contribute neither labor nor money, and, to go still further, not to receive any profits. But if he will lend his name as a partner, he becomes, as against all the rest of the world, a partner...
Page 349 - ... from the truth of that intent. In all such cases if the mistake is clearly made out by proofs entirely satisfactory, equity will reform the contract so as to make it conformable to the precise intent of the parties.
Page 135 - The plaintiff was the wife of defendant's brother, but had for some time been a widow, and had several children. In 1840, the plaintiff resided on public land, under a contract of lease, she had held over, and was comfortably settled, and would have attempted to secure the land she lived on. The defendant resided in Talladega county, some sixty, or seventy miles off. On the 10th October, 1840, he wrote to her the following letter: "Dear sister Antillico — Much to my mortification, I heard, that...
Page 223 - We speak familiarly of equitable set-off, as distinguished from the set-off at law ; but it will be found that this equitable set-off exists in cases where the party seeking the benefit of it can show some equitable ground for being protected against his adversary's demand.