Alabama Law Journal, Volume 4Published under the joint auspices of Board of Commissioners of the State Bar and the Law Department of the University of Alabama, 1928 - Law |
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Page 24
... defendant's plea , new matter advanced by each party must be not only such as will form a sufficient answer in law to what has before been alleged against him , but such as also will fortify what he , himself , has plead , and if matter ...
... defendant's plea , new matter advanced by each party must be not only such as will form a sufficient answer in law to what has before been alleged against him , but such as also will fortify what he , himself , has plead , and if matter ...
Page 25
... defendant takes nothing by it . " It is unnecessary to file a replication to a plea , which con- cludes to the country.12 If a pleading is not demurred to or replied to , then proof of the facts pleaded entitles the defendant to ...
... defendant takes nothing by it . " It is unnecessary to file a replication to a plea , which con- cludes to the country.12 If a pleading is not demurred to or replied to , then proof of the facts pleaded entitles the defendant to ...
Page 26
... defendant has the burden of proving his special plea , but if the plaintiff files only a special replication in confession and avoidance , such a replication con- fesses the plea and defendant need offer no evidence in support thereof ...
... defendant has the burden of proving his special plea , but if the plaintiff files only a special replication in confession and avoidance , such a replication con- fesses the plea and defendant need offer no evidence in support thereof ...
Page 27
... defendant to prove the plea.27 The defendant is not required to offer evidence in proof of the facts alleged in his plea , which is confessed by a replica- tion thereto.28 By filing a replication , the plaintiff admits the legal suffi ...
... defendant to prove the plea.27 The defendant is not required to offer evidence in proof of the facts alleged in his plea , which is confessed by a replica- tion thereto.28 By filing a replication , the plaintiff admits the legal suffi ...
Page 28
... defendant failed to do something else . " A complaint as payee of a bill of exchange is departed from by a replication , setting up plaintiff's purchase of such bill after its acceptance.39 A replication is a departure , which neither ...
... defendant failed to do something else . " A complaint as payee of a bill of exchange is departed from by a replication , setting up plaintiff's purchase of such bill after its acceptance.39 A replication is a departure , which neither ...
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Common terms and phrases
affidavit Amasa amendment answer appeal application attorney authority Bar Association Betty bill brought Bulk Sales Act cause of action chancellor chancery chancery court circuit court clause Code commissioner common law compensation complainant Congress Constitution contract corporation Davis decision decree pro confesso default defendant demurrer divorce employe employer equity evidence fact filed guardian ad litem held Hotel infant injunction injury interest interrogatories issue Judge judgment jurisdiction jury Justice land lawyer legislative legislature liability marriage matter ment motion ne exeat notice party person plaintiff plea plea in abatement pleading ports practice prescribed probate question reference regulation rendered replication residence revivor Rule solicitor statute sued suit supra Supreme Court term testimony thereof tion trial court Tuscaloosa Tuscaloosa County University of Alabama unless vacation venue vested void waived witness writ
Popular passages
Page 96 - No interest is good unless it must vest, if at all, not later than twenty-one years after some life in being at the creation of the interest.
Page 105 - It will not be contended that Congress can delegate to the courts, or to any other tribunals, powers which are strictly and exclusively legislative. But Congress may certainly delegate to others, powers which the legislature may rightfully exercise itself.
Page 336 - The sale, transfer or assignment, in bulk, of any part or the whole of a stock of merchandise, or merchandise and the fixtures pertaining to the conducting of said business, otherwise than in the ordinary course of trade and in the regular and usual prosecution of the business of the seller...
Page 113 - The supreme court, except as otherwise provided in this constitution, shall have appellate jurisdiction only, which shall be co-extensive with the state, and shall have a general superintending control over all inferior courts, under such regulations and limitations as may be prescribed by law.
Page 116 - Where a negotiable instrument is materially altered without the assent of all parties liable thereon, it is avoided, except as against a party who has himself made, authorized or assented to the alteration, and subsequent indorsers. But when an instrument has been materially altered and is in the hands of a holder in due course, not a party to the alteration, he may enforce payment thereof according to its original tenor.
Page 277 - ... in every action of ejectment the defendant shall specify in the consent rule, for what premises he intends to defend, and shall consent in such rule to confess upon the trial, that the defendant (if he defends as tenant, or in case he defends as landlord, that his tenant) was at the time of the service of the declaration, in the possession of such premises ; and that if upon the trial the defendant shall not confess such possession as well as lease, entry, and ouster, whereby the plaintiff shall...
Page 64 - ... between points in the United States, including Districts, Territories, and possessions thereof embraced within the coastwise laws, either directly or via a foreign port, or for any part of the transportation, in any other vessel than a vessel built in and documented under the laws of the United States...
Page 59 - States, but precautionary regulations to prevent vessels engaged in commerce from introducing disease into the ports to which they are bound, and that the States may, in the exercise of such police power, without any violation of the power in Congress to regulate commerce, exact from the owner or consignee of a quarantined...
Page 22 - ... submit to an examination concerning the conducting of his business, the cause of his bankruptcy, his dealings with his creditors and other persons, the amount, kind, and whereabouts of his property, and, in addition, all matters which may affect the administration and settlement of his estate; but no testimony given by him shall be offered in evidence against him in any criminal proceeding.
Page 106 - The courts, for example, may make rules, directing the returning of writs and processes, the filing of declarations and other pleadings, and other things of the same description. It will not be contended that these things might not be done by the legislature, without the intervention of the courts ; yet it is not alleged that the power may not be conferred on the judicial department.