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
Results 1-5 of 41
Page 95
... fieri facias , recovers a verdict and judg- ment for the amount of the damages given by statute , as a consequence of the sheriff's default , and no more , the defendant cannot object on error , that the verdict should have been for the ...
... fieri facias , recovers a verdict and judg- ment for the amount of the damages given by statute , as a consequence of the sheriff's default , and no more , the defendant cannot object on error , that the verdict should have been for the ...
Page 106
... fieri facias to be issued thereon , which was levied by the sheriff of Lowndes on a negro man named Joshua , as the property of the defendant in execution , and the plaintiff interposed a claim , and gave bond with security , as re ...
... fieri facias to be issued thereon , which was levied by the sheriff of Lowndes on a negro man named Joshua , as the property of the defendant in execution , and the plaintiff interposed a claim , and gave bond with security , as re ...
Page 111
... fieri facias , should be de- termined . If the decision was favorable to the claimant , then his bond would become inoperative ; but if otherwise , the bond remains in full force , as the statute declares " it shall be condi- tioned for ...
... fieri facias , should be de- termined . If the decision was favorable to the claimant , then his bond would become inoperative ; but if otherwise , the bond remains in full force , as the statute declares " it shall be condi- tioned for ...
Page 194
... fieri facias was issued , and levied on personal property , to which a third person interposed a claim , and executed a bond with security to try the right as pro- vided by statute ; afterwards the defendant filed his petition in ...
... fieri facias was issued , and levied on personal property , to which a third person interposed a claim , and executed a bond with security to try the right as pro- vided by statute ; afterwards the defendant filed his petition in ...
Page 195
... fieri facias on personal property , merely invests the sheriff with a special , while the general property remains with the defendant in execution . [ 8 Johns . Rep . 486 ; Law Rep . for June , '42 , p . 65-6-7 . ] And where a claim is ...
... fieri facias on personal property , merely invests the sheriff with a special , while the general property remains with the defendant in execution . [ 8 Johns . Rep . 486 ; Law Rep . for June , '42 , p . 65-6-7 . ] And where a claim is ...
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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.