Southern Reporter, Volume 52West Publishing Company, 1910 - Law reports, digests, etc Includes the decisions of the Supreme Courts of Alabama, Florida, Louisiana, and Mississippi, the Appellate Courts of Alabama and, Sept. 1928/Jan. 1929-Jan./Mar. 1941, the Courts of Appeal of Louisiana. |
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Page 1
... issue therein tried ; that is to say , that in the said trial of said cause aforesaid in the said justice court aforesaid a certain material element and matter to be considered was the distance he , the said Will Bedsole , alias W. T. ...
... issue therein tried ; that is to say , that in the said trial of said cause aforesaid in the said justice court aforesaid a certain material element and matter to be considered was the distance he , the said Will Bedsole , alias W. T. ...
Page 17
... Issue was joined on the first plea , and a demurrer was interposed to the sec- Ed . , by Greening ) bottom page 561 : " The ten- ond and third pleas , which was sustained . or of the deed , as it appears upon oyer , is con- On the trial ...
... Issue was joined on the first plea , and a demurrer was interposed to the sec- Ed . , by Greening ) bottom page 561 : " The ten- ond and third pleas , which was sustained . or of the deed , as it appears upon oyer , is con- On the trial ...
Page 51
... issue was joined up- on special pleas 2 , 4 , 5 , 9 , and 12 , to the first count ; but we cannot look to this as to rul- ings upon pleadings . The record proper should show the issues upon which the case was tried , and not the bill of ...
... issue was joined up- on special pleas 2 , 4 , 5 , 9 , and 12 , to the first count ; but we cannot look to this as to rul- ings upon pleadings . The record proper should show the issues upon which the case was tried , and not the bill of ...
Page 57
... issue which is subsequently re- moved from the case in some proper way , or becomes immaterial because in any event the cause must be determined on a different is- sue the ruling becomes harmless and of no consequence . Stevenson v ...
... issue which is subsequently re- moved from the case in some proper way , or becomes immaterial because in any event the cause must be determined on a different is- sue the ruling becomes harmless and of no consequence . Stevenson v ...
Page 61
... issue include within its limits territory included with- in existing cities . could not and should not be litigated on this trial . It could neither prove nor disprove any material issue on this trial . 12. STATUTES ( 8 8 % * ) - LOCAL.
... issue include within its limits territory included with- in existing cities . could not and should not be litigated on this trial . It could neither prove nor disprove any material issue on this trial . 12. STATUTES ( 8 8 % * ) - LOCAL.
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Common terms and phrases
adverse possession Affirmed agent Alabama alleged amended amount Appeal and Error Appeal from Circuit appellee April 25 assessment authority averments bank bill carrier cause of action Cent charge Circuit Court claim Code common carrier complainant concur contract contributory negligence corporation count Court of Alabama CRIMINAL LAW damages debt declaration decree deed defendant defendant's demand demurrer dence detinue DOWDELL evidence fact fendant filed FRAUDULENT CONVEYANCES Gerac heirs injury issue Judge judgment jury land liability Louisiana Lumber Master and Servant matter ment Miss mortgage motion negligence Note Note.-For Orleans overruled owner paid parish parties payment person petition petitioner Pitts plaintiff plaintiff in error plea pleaded possession purchase question railroad company reason refused Rehearing rule Rush D sold South statute suit Supreme Court testified testimony thereof tiff tion track trial verdict witness writ
Popular passages
Page 343 - A provision that all statements made by the insured shall, in the absence of fraud, be deemed representations and not warranties...
Page 392 - Probable cause," which will justify a criminal accusation, is defined to be "a reasonable ground of suspicion, supported by circumstances sufficiently strong in themselves to warrant a cautious man in the belief that the person accused is guilty of the offense with which he is charged.
Page 9 - Property does become clothed with a public interest when used in a manner to make it of public consequence and affect the community at large. When, therefore, one devotes his property to a use in which the public has an interest, he, in effect, grants to the public an interest in that use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created.
Page 67 - The presiding officer of each House shall, in the presence of the House over which he presides, sign all bills and joint resolutions passed by the General Assembly, after their titles have been publicly read immediately before signing ; and the fact of signing shall be entered on the journal.
Page 67 - Every order, resolution, or vote to which the concurrence of both Houses may be necessary, except on questions of adjournment, shall be presented to the Governor, and before it shall take effect, be approved by him, or being disapproved, shall be repassed by both Houses according to the rules and limitations prescribed in the case of a bill.
Page 64 - The general assembly shall provide, by general laws, for the organization and classification of cities and towns. • The number of such classes shall not exceed four, and the powers of each class shall be defined by general laws, so that all municipal corporations of the same class shall possess the same powers, and be subject to the same restrictions.
Page 104 - This company shall not be held to have waived any provision or condition of this policy or any forfeiture thereof by any requirement, act, or proceeding on its part relating to the appraisal or to any examination herein provided for...
Page 60 - Mere negligence or want of ordinary care or caution would not, however, disentitle him to recover unless it were such, that, but for that negligence or want of ordinary care and caution, the misfortune could not have happened, nor if the defendant might, by the exercise of care on his part, have avoided the consequences of the neglect or carelessness of the plaintiff.
Page 379 - ... to prescribe regulations to promote the health, peace, morals, education, and good order of the people, and to legislate so as to increase the industries of the state, develop its resources and add to its wealth and prosperity.
Page 290 - ... 3. Where, although not inclosed, it has been used for the supply of fuel or of fencing timber, for the purposes of husbandry, or the ordinary use of the occupant : 4.