Reports of Cases Argued and Determined in the Supreme Court of Alabama: 1827/1828, Volume 1D. Ferguson, printer, 1830 - Law reports, digests, etc |
From inside the book
Results 1-5 of 100
Page 12
... proof does not contradict , or in any way affect the obligatory force of the instru- ment . Let the judgement be reversed and the cause be re- manded . COALTER , for plaintiff . MARTIN , for defendant in error . HAYNES V. WOODS . The ...
... proof does not contradict , or in any way affect the obligatory force of the instru- ment . Let the judgement be reversed and the cause be re- manded . COALTER , for plaintiff . MARTIN , for defendant in error . HAYNES V. WOODS . The ...
Page 13
... proof that defendant had agreed to give $ 500 for it ? Yet this would have been as much proof of a special contract as the proof in the case at bar . For what are material and what immaterial variances , I refer to 2 Barn . & Ald . 301 ...
... proof that defendant had agreed to give $ 500 for it ? Yet this would have been as much proof of a special contract as the proof in the case at bar . For what are material and what immaterial variances , I refer to 2 Barn . & Ald . 301 ...
Page 40
... proof , that the next morning after the said declarations of Miller , the plaintiff came to him , and advised him that if he would go with plaintiff , he would get for him ( Miller ) possession of the negro mentioned in the affidavit ...
... proof , that the next morning after the said declarations of Miller , the plaintiff came to him , and advised him that if he would go with plaintiff , he would get for him ( Miller ) possession of the negro mentioned in the affidavit ...
Page 41
... proof of malice ; which they might infer from the want of probable cause . To all which the defendant excepted . Bennett here assigned as errors , 1. The Court erred in excluding the declaration of Miller as stated in the bill of ...
... proof of malice ; which they might infer from the want of probable cause . To all which the defendant excepted . Bennett here assigned as errors , 1. The Court erred in excluding the declaration of Miller as stated in the bill of ...
Page 43
... proof of suspi- cious circumstances not amounting to justification are admissible under the plea of not guilty , is a question which does not appear to be well settled , and one in which there appears to have been great contrariety of ...
... proof of suspi- cious circumstances not amounting to justification are admissible under the plea of not guilty , is a question which does not appear to be well settled , and one in which there appears to have been great contrariety of ...
Other editions - View all
Common terms and phrases
action admitted affirmed alleged amount appear assignment of error assumpsit authority averment bill of exceptions bond cause cent certiorari charge Circuit Court claim common law contended contract cotton counsel County Court Court of Chancery curtesy Dallas county damages debt debtor decision declaration defendant in error delivered the opinion demand demurrer discharge endorsement evidence execution executor facts fendant filed fraud given heirs Huntsville Bank issue JANUARY John Jones JUDGE CRENSHAW JUDGE GAYLE JUDGE SAFFOLD JUDGE WHITE judgement JULY jury Laws Ala Lecatt liable matter ment misjoinder negroes non est factum notice objection obligors paid party payable payment person plaintiff in error plea plead possession Powell principle promissory note proved rate of interest received record recover rendered reversed rule sheriff shew shewn slave Standifer statute statute of frauds sued sufficient suit sustained term tion trial usury verdict villein witness writ of error
Popular passages
Page 2 - District, has deposited in this office the title of a book, the right whereof he claims as proprietor, in the words following, to wit...
Page 308 - It is a familiar canon of construction that a thing which is within the intention of the makers of a statute is as much within the statute as if it were within the letter; and a thing which is within the letter of the statute is not within the statute unless it be within the intention of the makers.
Page 586 - June no action shall be brought whereby to charge any executor or administrator upon any special promise, to answer damages out of his own estate...
Page 127 - A subsequent decision of a higher court in a different case, giving a different exposition of a point of law from the one declared and known when a settlement between parties takes place, cannot have a retrospective effect, and overturn such settlement.
Page 301 - States; and generally to do and execute all and singular the acts, matters, and things which to them it shall or may appertain to do; subject, nevertheless, to the rules, regulations, restrictions, limitations, and provisions, hereinafter prescribed and declared.
Page 301 - States : and also to make, have, and use, a common seal, and the same to break, alter, and renew, at their pleasure...
Page 75 - June, no Writ of Fieri facias, or other Writ of Execution, shall bind the Property of the Goods against whom such Writ of Execution is sued forth, but from the Time that such Writ shall be delivered to the Sheriff...
Page 507 - But judgment in such cases shall not extend further than removal from office, and disqualification to hold any office of honor, profit or trust under the government of this State.
Page 469 - If a transaction of this sort is to be deemed usurious, the same principle must apply with equal force to bank discounts, generally, for the practice is believed to be universal ; and, probably, few, if any, charters, contain an express provision, authorizing, in terms, the deduction of the interest in advance upon making loans or discounts. It has always been supposed, that an authority to discount, or make discounts, did, from the very force of the terms, necessarily include an authority to take...
Page 300 - States," and shall so continue until the third day of March, in the year one thousand eight hundred and thirty-six, and by that name shall be, and are hereby, made able and capable, in law, to have, purchase, receive, possess, enjoy, and retain, to them and their successors, lands, rents, tenements, hereditaments, goods, chattels and effects, of...