The Southern Reporter, Volume 52West Publishing Company, 1910 - Law reports, digests, etc |
From inside the book
Results 1-5 of 91
Page 26
... averments of the count in this particular , and hence the charge was well refused . Charge 3 invaded the jury's province . It also assumed to declare common knowledge in respect of a matter of which there could not be , nor was , common ...
... averments of the count in this particular , and hence the charge was well refused . Charge 3 invaded the jury's province . It also assumed to declare common knowledge in respect of a matter of which there could not be , nor was , common ...
Page 31
... averment was disproved . In the present case the averment was not disproved ; but , on the contrary , the plaintiff testified that " they had been changing yardmasters at the time I [ he ] got hurt . I do not know who it was at that ...
... averment was disproved . In the present case the averment was not disproved ; but , on the contrary , the plaintiff testified that " they had been changing yardmasters at the time I [ he ] got hurt . I do not know who it was at that ...
Page 35
... averment of value was condemned in the Dunklin Case , supra ; but there was no form in the Code of 1896 for the wrongful or wanton killing or injury of an animal covered by section 5091 of the Code of 1896. There was a form for mali ...
... averment of value was condemned in the Dunklin Case , supra ; but there was no form in the Code of 1896 for the wrongful or wanton killing or injury of an animal covered by section 5091 of the Code of 1896. There was a form for mali ...
Page 38
... averments of the com- plaint . The bill of exceptions violates rule 32 of the Code , vol . 2 , p . 1526 , and the costs of this appeal will be taxed against the appellant . The judgment of the court is reversed , and the cause remanded ...
... averments of the com- plaint . The bill of exceptions violates rule 32 of the Code , vol . 2 , p . 1526 , and the costs of this appeal will be taxed against the appellant . The judgment of the court is reversed , and the cause remanded ...
Page 39
... averments , each pre- senting a substantial cause of action , these should not be alleged by disjunctive or alterna- tive averments . [ Ed . Note . For other cases , see Pleading , Cent . Dig . §§ 134-137 ; Dec. Dig . § 64. * ] 7 ...
... averments , each pre- senting a substantial cause of action , these should not be alleged by disjunctive or alterna- tive averments . [ Ed . Note . For other cases , see Pleading , Cent . Dig . §§ 134-137 ; Dec. Dig . § 64. * ] 7 ...
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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 deceased 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 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 South statute suit Supreme Court testified testimony thereof tiff tion track trial verdict Walter Guion witness writ
Popular passages
Page 345 - A provision that all statements made by the insured shall, in the absence of fraud, be deemed representations and not warranties...
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 364 - That no contract for the sale of any goods, wares, and merchandise, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part payment...
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 - 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 106 - 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 381 - Class legislation, discriminating against some and favoring others, is prohibited, but legislation which, in carrying out a public purpose, is limited in its application, if within the sphere of its operation it affects alike all persons similarly situated, is not within the amendment.
Page 381 - ... 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 196 - No person shall recover damages from a railroad company for injury to himself or his property, where the same is done by his consent, or is caused by his own negligence. If the complainant and the agents of the company are both at fault, the former may recover, but the damages shall be diminished or increased by the jury in proportion to the amount of default attributable to him.