The Encyclopedic Digest of Alabama Reports: Being a Complete Encyclopedia and Digest of All the Alabama Case Law Up to and Including Volume 175, Alabama Reports, Volume 6, Alabama Appellate Court Reports, and Volume 62, Southern Reporter, Volume 3Thomas Johnson Michie Michie Company, 1914 - Law reports, digests, etc |
From inside the book
Results 1-5 of 100
Page 7
... Party to Judgment.— Where a creditor , whose claim is rejected at the final settlement of an insolvent es- tate of a deceased person , can not appeal because he is not a party to the final de- cree , his remedy is by certiorari . Stout ...
... Party to Judgment.— Where a creditor , whose claim is rejected at the final settlement of an insolvent es- tate of a deceased person , can not appeal because he is not a party to the final de- cree , his remedy is by certiorari . Stout ...
Page 10
... party to the final settlement of his accounts , and to render a decree in favor of the assignee for the amount due the bankrupt by the estate , a writ of certiorari and not man- damus is the remedy to revise such ac- tion . Appling v ...
... party to the final settlement of his accounts , and to render a decree in favor of the assignee for the amount due the bankrupt by the estate , a writ of certiorari and not man- damus is the remedy to revise such ac- tion . Appling v ...
Page 17
... party applying for such ap- peal or certiorari first executes bond con- ditioned to pay the judgment rendered against him , and § 483 , providing that , if such appeal or certiorari is applied for by a defendant , claimant , garnishee ...
... party applying for such ap- peal or certiorari first executes bond con- ditioned to pay the judgment rendered against him , and § 483 , providing that , if such appeal or certiorari is applied for by a defendant , claimant , garnishee ...
Page 21
... parties , by certiorari from the judgment of a justice of the peace , the court may , at the instance of either party , direct a con- solidation , unless the party objecting can show that he will in some way be preju- diced thereby ...
... parties , by certiorari from the judgment of a justice of the peace , the court may , at the instance of either party , direct a con- solidation , unless the party objecting can show that he will in some way be preju- diced thereby ...
Page 25
... party , with champerty is but a species of mainte- nance . 2 Co. Inst . 207. Gilman v . Jones , 87 Ala . 691 , 5 So. 785 , 788 . an money or otherwise , to prosecute it or defend it .'- 4 Blacks Com . 135. " William- son 2 ' . Sammons ...
... party , with champerty is but a species of mainte- nance . 2 Co. Inst . 207. Gilman v . Jones , 87 Ala . 691 , 5 So. 785 , 788 . an money or otherwise , to prosecute it or defend it .'- 4 Blacks Com . 135. " William- son 2 ' . Sammons ...
Common terms and phrases
action adverse possession agent agreement Alabama alleged amendment amount Ass'n authority Bank bill bond Branch Bank breach Cahawba certiorari champerty charter chattel mortgage cited in note claim clerk Code common law complainant consideration Const constitution constructive notice contract convicts costs court of equity creditors crop debt debtor declared deed default defendant defendant's detinue directors enforce entitled equity erty Estoppel evidence execution fendant foreign corporation fraud gage Held insolvent issue judgment jurisdiction jury labor land law day legislature liability lien Lumber ment Mobile Montgomery mort mortgagor notice owner paid party payment perform plaintiff plea poration possession proceedings providing purchase railroad recover remedy security for costs sell statute Stew stockholders subscription sued sufficient suit surety thereof third person tion tract transfer trust Tuscaloosa ultra vires valid void writ
Popular passages
Page 213 - The true distinction, therefore, is, between the delegation of power to make the law, which necessarily involves a discretion as to what it shall be, and conferring an authority or discretion as to its execution, to be exercised under and in pursuance of the law. The first cannot be done; to the latter no valid objection can be made.
Page 250 - Class legislation, discriminating against some and favoring others, is prohibited, but legislation which, in carrying out a public purpose, is limited in its application, if within the sphere of its operation it affects alike all persons similarly situated, is not within /the amendment.
Page 245 - Every law that alters the legal rules of evidence and receives less, or different, testimony, than the law required at the time of the commission of the offense in order to convict the offender.
Page 157 - Issuing a policy of insurance is not a transaction of commerce. The policies are simple contracts of indemnity against loss by fire, entered into l>ctween the corporations and the assured, for a consideration paid by the latter. These contracts are not articles of commerce in any proper meaning of the word. They are not subjects of trade and barter offered in the market as something having an existence and value independent of the parties to them.
Page 474 - No corporation shall issue stocks or bonds except for money, labor done, or money or property actually received, and all fictitious increase of stock or indebtedness shall be void.
Page 246 - Those who shall have been convicted of treason, embezzlement of public funds, malfeasance in office, crime punishable by law with imprisonment in the penitentiary, or bribery. 4th. Those who are idiots or insane.
Page 203 - Assembly and its committees, shall be performed under contract to be given to the lowest responsible bidder below such maximum price and under such regulations as shall be prescribed by law...
Page 617 - No foreign corporation shall do any business in this State without having one or more known places of business, and an authorized agent or agents in the same upon whom process may be served.
Page 252 - The term corporations, as used in this article, shall be construed to include all associations and joint-stock companies having any of the powers or privileges of corporations not possessed by individuals or partnerships. And all corporations shall have the right to sue, and shall be subject to be sued, in all courts in like cases as natural persons.
Page 157 - ... shall upon arrival in such State or Territory be subject to the operation and effect of the laws of such State or Territory enacted in the exercise of its police powers, to the same extent and in the same manner as though such animals or birds had been produced in such State or Territory, and shall not be exempt therefrom by reason of being introduced therein in original packages or otherwise.