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 |
From inside the book
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Page 10
... claim bond was not executed by Lockhart , though his name is inserted in its caption as one of the obligors . At the trial the plaintiff moved the Court to dismiss the claim for this rea- son ; but the Court refused to do so ...
... claim bond was not executed by Lockhart , though his name is inserted in its caption as one of the obligors . At the trial the plaintiff moved the Court to dismiss the claim for this rea- son ; but the Court refused to do so ...
Page 21
... claim , because the bond was not executed by the claimant , The condition of the bond , as now required by law , is for the forthcoming of the property , if found subject to the execution , and for the ' payment of such costs and ...
... claim , because the bond was not executed by the claimant , The condition of the bond , as now required by law , is for the forthcoming of the property , if found subject to the execution , and for the ' payment of such costs and ...
Page 22
... claim- ant is already liable for them by force of the judgment . But the bond is also intended to secure an indemnity , if the proper- ty , after condemnation , is not re - delivered to the sheriff . This indemnity may be equally ...
... claim- ant is already liable for them by force of the judgment . But the bond is also intended to secure an indemnity , if the proper- ty , after condemnation , is not re - delivered to the sheriff . This indemnity may be equally ...
Page 32
... claim the benefit of the former without sub- mitting to the latter also . Writ of Error to the Orphans ' Court of Montgomery . THIS was a proceeding before the Orphans ' Court , for the settlement of the estate of Joseph Fitzpatrick ...
... claim the benefit of the former without sub- mitting to the latter also . Writ of Error to the Orphans ' Court of Montgomery . THIS was a proceeding before the Orphans ' Court , for the settlement of the estate of Joseph Fitzpatrick ...
Page 33
... claim the credits therein stated . The debits in A , were $ 6,549 22 , and the credits $ 1,570 ; the debits in B , were $ 9,827 74 , and the credits $ 2,810 32. The items of which A was made up were all embraced by B. The administrator ...
... claim the credits therein stated . The debits in A , were $ 6,549 22 , and the credits $ 1,570 ; the debits in B , were $ 9,827 74 , and the credits $ 2,810 32. The items of which A was made up were all embraced by B. The administrator ...
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Other editions - View all
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.