The Southern Reporter, Volume 62West Publishing Company, 1913 - Law reports, digests, etc |
From inside the book
Results 1-5 of 100
Page 4
... plea , etc. , is denied , the defeated party has no absolute right to re- new the same application , though the court may permit the question to be reopened in its discretion . [ Ed . Note . - For other cases , see Motions , Cent . Dig ...
... plea , etc. , is denied , the defeated party has no absolute right to re- new the same application , though the court may permit the question to be reopened in its discretion . [ Ed . Note . - For other cases , see Motions , Cent . Dig ...
Page 5
... plea , averring appellee had failed and re- fused to probate and register its claim against the estate of Bacon , deceased , within one year from the first publication of notice to creditors to probate their claims . Appellee demurred ...
... plea , averring appellee had failed and re- fused to probate and register its claim against the estate of Bacon , deceased , within one year from the first publication of notice to creditors to probate their claims . Appellee demurred ...
Page 6
... plea demonstrates that he did not plead any statute in the books ; but he made a stagger at section 2107 of the Code of 1906 , and the court merely reversed the case for a recast of the pleadings and a retrial of the case upon its ...
... plea demonstrates that he did not plead any statute in the books ; but he made a stagger at section 2107 of the Code of 1906 , and the court merely reversed the case for a recast of the pleadings and a retrial of the case upon its ...
Page 16
... plea . The ruling , if erroneous , worked no harm to defendant . Pleas 3 and 4 sought to justify the assault alleged to have been com- mitted on plaintiff by the operator of defend- ant's elevator , and the substantial matter of ...
... plea . The ruling , if erroneous , worked no harm to defendant . Pleas 3 and 4 sought to justify the assault alleged to have been com- mitted on plaintiff by the operator of defend- ant's elevator , and the substantial matter of ...
Page 17
... plea 4 should have deterred defendant from proof of the same averments in plea 3 ; and as matter of fur- ther fact , if that were of any concern in the determination of the principle which ought to control , it very clearly appeared ...
... plea 4 should have deterred defendant from proof of the same averments in plea 3 ; and as matter of fur- ther fact , if that were of any concern in the determination of the principle which ought to control , it very clearly appeared ...
Other editions - View all
Common terms and phrases
action adverse possession Affirmed agent Aliceville alleged amended amount Appeal and Error Appeal from Circuit Appeals of Alabama appellant appellee April 17 Atty authority averments bill of exceptions Birmingham cause Cent chancery court charge Circuit Court claim Code Company complaint Constitution contract convicted Coun counsel Court of Appeals Court of Mississippi CRIMINAL LAW damages deceased deed defendant defendant's demurrer dence detinue duty entitled evidence fact fendant filed Frank Johnston guilty indictment injury intent intestate issue Judge judgment jury land liability Lumber mandamus ment Millie Scott Miss mortgage motion negligence Note Note.-For offense opinion Orleans overruled party payment person plaintiff plea pleadings prosecution purchase question railroad reason record recover refused Rehearing Reversed and remanded reversible error rule South statute suit Supreme Court testified testimony tiff tion trial court verdict witness writ
Popular passages
Page 421 - Where the trial judge, on behalf of the state, instructed the jury that if they "believe from the evidence in this case beyond a reasonable doubt that the defendant . . . deliberately murdered the deceased, ... as charged in the indictment herein, then the jury should find the defendant guilty as charged," with instructions as to the form of the verdict, it was held in Upton v.
Page 406 - ... believe from the evidence in this case, beyond a reasonable doubt, that the defendant so killed the deceased, Becky Rowland, then the jury will find the defendant guilty as charged in the bill of indictment.
Page 91 - ... payment of premiums or rates charged for policies of life or endowment insurance, or in the dividends or other benefits payable thereon, or in any other of the terms and conditions of the contracts it makes...
Page 314 - We, the jury, find the defendant guilty as charged in the indictment, and assess against him a fine of four hundred dollars, as punishment for his said offense.
Page 171 - That any common carrier, railroad, or transportation company receiving property for transportation from a point in one state to a point in another state shall issue a receipt or bill of lading therefor, and shall be liable to the lawful holder thereof for any loss, damage, or injury to such property, caused by it...
Page 53 - In order to be responsible he must have sufficient power of memory to recollect the relation in which he stands to others, and in which others stand to him; that the act he is doing is contrary to the plain dictates of justice and right, injurious to others, and a violation of the dictates of duty.
Page 214 - ... wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony.
Page 445 - After the dissolution of a partnership the authority of each partner to bind the firm, and the other rights and obligations of the partners, continue notwithstanding the dissolution so far as may be necessary to wind. up the affairs of the partnership, and to complete transactions begun but unfinished at the time of the dissolution, but not otherwise.
Page 346 - And no court or ministerial officer of this state shall ever have jurisdiction or authority to enforce any judgment, execution or decree against the property set apart for such...
Page 364 - Nevada, against all enemies, whether domestic or foreign ; and that I will bear true faith, allegiance, and loyalty to the same, any ordinance, resolution, or law of any State, convention, or legislature to the contrary notwithstanding...