The Southern Reporter, Volume 56West Publishing Company, 1912 - Law reports, digests, etc |
From inside the book
Results 1-5 of 99
Page 2
... error in stating , under the circumstances as they ap- pear in the record , to the jury that it was their duty to find a verdict for the defendant . Yates v . Huntsville Co. , 39 South . 647 . There is no error in the record , and the ...
... error in stating , under the circumstances as they ap- pear in the record , to the jury that it was their duty to find a verdict for the defendant . Yates v . Huntsville Co. , 39 South . 647 . There is no error in the record , and the ...
Page 10
... ERROR . Any error in sustaining a general demurrer to a plea in abatement was harmless , where defendant on the trial had benefit of everything set up as a defense in the plea . [ Ed . Note . - For other cases , see Appeal and Error ...
... ERROR . Any error in sustaining a general demurrer to a plea in abatement was harmless , where defendant on the trial had benefit of everything set up as a defense in the plea . [ Ed . Note . - For other cases , see Appeal and Error ...
Page 23
... ERROR ( § 1048 * ) - HARMLESS ERROR ERRONEOUS RULINGS ON OBJEC- TIONS TO QUESTIONS . The error , if any , in sustaining objections to questions without excluding the answers thereto , is harmless . [ Ed . Note . For other cases , see ...
... ERROR ( § 1048 * ) - HARMLESS ERROR ERRONEOUS RULINGS ON OBJEC- TIONS TO QUESTIONS . The error , if any , in sustaining objections to questions without excluding the answers thereto , is harmless . [ Ed . Note . For other cases , see ...
Page 25
... error Nos . 11 , 12 , 13 , 14 , 15 , and 16. The eleventh assignment of error is predicated upon the exclusion by the court of a ques- tion put to a witness and answered by the witness before the objection to the question was made . The ...
... error Nos . 11 , 12 , 13 , 14 , 15 , and 16. The eleventh assignment of error is predicated upon the exclusion by the court of a ques- tion put to a witness and answered by the witness before the objection to the question was made . The ...
Page 39
... error in their refusal . The record discloses no reversible error , and the case must be affirmed . Affirmed . ( 2 Ala . App . 216 ) SMITH V. STATE The defendant was tried before the court without a jury for a violation of the pro ...
... error in their refusal . The record discloses no reversible error , and the case must be affirmed . Affirmed . ( 2 Ala . App . 216 ) SMITH V. STATE The defendant was tried before the court without a jury for a violation of the pro ...
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action adverse possession Affirmed Alabama alleged amount Appeal and Error Appeal from Circuit appellee authority Bayou St bonds canal Carondelet Carondelet Canal Cent Chancery Court charge Circuit Court claim Code complainant Constitution contract convicted corporation Court of Alabama court of equity Court of Mississippi CRIMINAL LAW debt deceased decree deed defendant defendant's demurrer equity evidence fact fendant filed Florida garnishment habeas corpus HOMICIDE indictment interest issue Judge judgment jurisdiction juror jury land Leon county liability lien Louisiana Lumber ment Miss mortgage municipal Note Note.-For opinion ordinance Orleans overruled paid parties payment person Pike county plaintiff plaintiff in error plea prosecution purchase question railroad reason record refused rendered Reversed and remanded reversible error rule South statute suit Supreme Court testator testified testimony thereof tion trial court trust witness writ
Popular passages
Page 251 - Where after the commencement of this act personal injury is caused to a workman (1) By reason of any defect in the condition of the ways, works, machinery, or plant connected with or used in the business of the employer...
Page 306 - And I do hereby bind myself, my heirs, executors, and administrators, to warrant and forever defend...
Page 275 - It is a maxim, not to be disregarded, that general expressions, in every opinion, are to be taken in connection with the case in which those expressions are used. If they go beyond the case, they may be respected, but ought not to control the judgment in a subsequent suit, when the very point is presented for decision.
Page 236 - From the variety of cases relative to judgments being given in evidence in civil suits, these two deductions seem to follow as generally true: first, that the judgment of a Court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence, conclusive, between the same parties, upon the same matter, directly in question in another Court...
Page 359 - that where one by his words or conduct wilfully causes another to believe in the existence of a certain state of things, and induces him to act on that belief, or to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
Page 143 - The navigable waters leading into the Mississippi and St Lawrence, and the carrying places between the same, shall be common highways and forever free, as well to the inhabitants of the said Territory as to the citizens of the United States and those of any other States that may be admitted into the Confederacy, without any tax, impost, or duty therefor.
Page 385 - No agent has power In behalf of the Company to make or modify this or any...
Page 462 - Whenever an attempt is made to take private property for a use alleged to be public, the question whether the contemplated use be really public shall be a judicial question, and determined as such without regard to any legislative assertion that the use is public.
Page 6 - It is the duty of the court to instruct the jury as to the law ; and it is the duty of the jury to follow the law, as it is laid down by the court.
Page 449 - This entire policy shall be void if the insured has concealed or misrepresented, in writing or otherwise, any material fact or circumstance concerning this insurance or the subject thereof...