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 6Thomas Johnson Michie Michie Company, 1915 - Law reports, digests, etc |
Common terms and phrases
action Adm'r admis admissible evidence admissible in evidence admissible to show admitted adverse possession agent agreement Alabama alleged Bank best evidence bill of exceptions bill of lading Birmingham Branch Bank certificate cited in note claimed clerk Code competent copy court damages deceased declarations deed defendant defendant's dence detinue ejectment entries error excluded execution expert fact fendant grantor Greenl handwriting hearsay held inadmissible injuries instrument issue judge judgment judicial notice jury land larations letter Louisville & N. R. Lumber ment missible mortgage N. R. Co ness note in 23 note in 52 opinion papers parol evidence party payment plaintiff possession produced proof prove purchase question railroad receipt record res gestæ rule secondary evidence shown signature signed slave statement statute Stew sufficient suit take judicial notice testify testimony third person tiff tion transaction trial witness writing
Popular passages
Page 542 - By satisfactory evidence, which is sometimes called sufficient evidence, is intended that amount of proof which ordinarily satisfies an unprejudiced mind beyond reasonable doubt. The circumstances which will amount to this degree of proof can never be previously defined; the only legal test of which they are susceptible is their sufficiency to satisfy the mind and conscience of a common man; and so to convince him that he would venture to act upon that conviction, in matters of the highest concern...
Page 537 - ... if the witness has since deceased, or is out of the jurisdiction, or cannot be found after diligent search, or is insane, or sick and unable to testify, or has been summoned, but appears to have been kept away by the opposite...
Page 293 - And the said records and exemplifications, authenticated as aforesaid, shall have such faith and credit given to them in every court and office within the United States, as they have by law or usage in the courts or offices of the state from whence the same are or shall be taken.
Page 486 - The ground upon which opinions are admitted in such cases is, that from the very nature of the subject in issue, it cannot be stated or described in such language as will enable persons, not eye-witnesses, to form an accurate judgment in regard to it.
Page 295 - The records and judicial proceedings of the courts of any State or Territory, or of any such country, shall be proved or admitted in any other court within the United States, by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, that the said attestation is in due form.
Page 35 - sins of the fathers shall be visited upon the children unto the third and fourth generation...
Page 255 - pedigree,' however, embraces not only descent and relationship, but also the facts of birth, marriage and death, and the times when these events happened.
Page 386 - ... may be shown to have been conditional or for a special purpose only and not for the purpose of transferring the property in the instrument.
Page 522 - The general rule has been declared that the qualifications of a witness to testify as an expert is a matter largely within the discretion of the court trying the case, and the appellate court will not reverse its rulings unless there has been an abuse of that discretion; and Mr. Wigmore states that the exercise of the discretion in this particular should not be reviewed at all.
Page 90 - where the acts of the agent will bind the principal, there his representations, declarations, and admissions respecting the subject-matter will also bind him, if made at the same time, and constituting part of the res gestae.