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 |
From inside the book
Results 1-5 of 39
Page 2
... principles of law under the facts in this case are great and grev- ious indeed , but we , of course , cannot look to them . Ita Lex Scripta Est . " It is true that the case did not involve any ques- tion of bona fide purchaser from Mrs ...
... principles of law under the facts in this case are great and grev- ious indeed , but we , of course , cannot look to them . Ita Lex Scripta Est . " It is true that the case did not involve any ques- tion of bona fide purchaser from Mrs ...
Page 3
... principles , but appellate courts cannot ship- wreck the law to avoid results in what occasionally appear to be a ' hard case . ' " Fortunately this case did not involve the rights of a bona fide purchaser from the husand and the ...
... principles , but appellate courts cannot ship- wreck the law to avoid results in what occasionally appear to be a ' hard case . ' " Fortunately this case did not involve the rights of a bona fide purchaser from the husand and the ...
Page 4
... principle of law there decided presents this very interesting problem : When a man buys land from child- ren claiming as heirs of their father who was , at the time of his death , to all appearances , living in lawful wedlock with the ...
... principle of law there decided presents this very interesting problem : When a man buys land from child- ren claiming as heirs of their father who was , at the time of his death , to all appearances , living in lawful wedlock with the ...
Page 5
... principles of equity and good morals , that as between R. M. Shrader and his Mississippi wife the former would be estopped , after the lapse of more than ten years , during which time he and appellant openly lived together as husband ...
... principles of equity and good morals , that as between R. M. Shrader and his Mississippi wife the former would be estopped , after the lapse of more than ten years , during which time he and appellant openly lived together as husband ...
Page 13
... principles above stated , and thereby avoid a resort to the last clause of this Statute , the application of which to the present case might neces- sitate a determination of its constitutionality - an issue which it is our duty to avoid ...
... principles above stated , and thereby avoid a resort to the last clause of this Statute , the application of which to the present case might neces- sitate a determination of its constitutionality - an issue which it is our duty to avoid ...
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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.