The Southern Reporter, Volume 52West Publishing Company, 1910 - Law reports, digests, etc |
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Page 17
... plea of non est factum to a declaration in which the lease which is the foundation of the suit is made a In this situation part of the declaration . The record is in prac- tically the same condition as if at common law oyer of the lease ...
... plea of non est factum to a declaration in which the lease which is the foundation of the suit is made a In this situation part of the declaration . The record is in prac- tically the same condition as if at common law oyer of the lease ...
Page 18
... plea of non est factum the court was asked to construe the deed to determine whether cer- tain words in the deed amounted to " a cove- nant on the part of the lessor , or only a con- dition or qualification of the lessee's covenant to ...
... plea of non est factum the court was asked to construe the deed to determine whether cer- tain words in the deed amounted to " a cove- nant on the part of the lessor , or only a con- dition or qualification of the lessee's covenant to ...
Page 29
... plea alleged that he negligently failed to see that the car that struck him as he was passing it was too close to clear him as he was riding on the side of another car . The fourth plea alleges the negligence to be that he negligently ...
... plea alleged that he negligently failed to see that the car that struck him as he was passing it was too close to clear him as he was riding on the side of another car . The fourth plea alleges the negligence to be that he negligently ...
Page 33
... PLEA IN ABATE- MENT - MOTION TO QUASH . It is within the discretion of the trial court to decline to receive a plea in abatement to the indictment and to overrule a motion to quash , not presented until after plea of not guilty . [ Ed ...
... PLEA IN ABATE- MENT - MOTION TO QUASH . It is within the discretion of the trial court to decline to receive a plea in abatement to the indictment and to overrule a motion to quash , not presented until after plea of not guilty . [ Ed ...
Page 36
... plea did not allege any facts show - ercised reasonable care and diligence in the ing any duty on the part of plaintiff to inspect , nor that the defect was obvious . guilty of negligence . " ( 2 ) " I charge you that the plaintiff was ...
... plea did not allege any facts show - ercised reasonable care and diligence in the ing any duty on the part of plaintiff to inspect , nor that the defect was obvious . guilty of negligence . " ( 2 ) " I charge you that the plaintiff was ...
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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.