Southern Reporter, Volume 43
West Publishing Company, 1907 - 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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action Affirmed alleged amended amount answer appeal appellee application assignment authority averred bank bill cause Cent charge Circuit claim Code Company complainant considered Constitution contract corporation Criminal damages decree deed defendant defendant's demurrer district duty effect error evidence exceptions fact fails fendant filed further give given ground held indictment injury instruction interest issue judge judgment jury land March matter ment Miss motion negligence Note.-For objection opinion overruled paid parties person plain plaintiff plea pleaded possession present proceedings proof proper purchase question railroad reason received record refused remanded requested Reversed rule shown South statute street sufficient suit Supreme Court sustained taken testified testimony timber tion train trial witness
Page 428 - I will faithfully and impartially discharge all the duties incumbent on me as , according to the best of my abilities and understanding, agreeably to the Constitution and laws of the United States.
Page 293 - States, as a day of thanksgiving, or fasting and prayer, or other religious observance, shall, for all purposes whatever as regards the presenting for payment or acceptance, and of the protesting and giving notice of the dishonor of" bills of exchange, bank checks and promissory notes, made after the passage of this act, be treated and considered as the first day of the week, commonly called Sunday...
Page 356 - When personal injury is caused to an employee who is himself in the exercise of due care and diligence at the time: 1. By reason of any defect in the condition of the ways, works, machinery, or plant, connected with or used in the business of the employer...
Page 306 - If the remedy at law . is sufficient, equity cannot give relief, "but it is not enough that * there is a remedy at law; it must be plain and adequate, or. in other words, as practical and efficient to the ends of justice, and its prompt administration, as the remedy in equity.
Page 388 - What may be deemed ordinary care in one case may, under different surroundings and circumstances, be gross negligence. The policy of the law has relegated the determination of such questions to the jury, under proper instructions from the court. It is their province to note the special circumstances and surroundings of each particular case, and then say whether the conduct of the parties in that case was such as would be expected of reasonable, prudent men under a similar state of affairs.
Page 13 - Where the trial judge, on behalf of the state, instructed the jury that if they "believe from the evidence in this case beyond a reasonable doubt that the defendant . . . deliberately murdered the deceased, ... as charged in the indictment herein, then the jury should find the defendant guilty as charged," with instructions as to the form of the verdict, it was held in Upton v.
Page 307 - ... whenever an attempt is made to take private property for a use alleged to be public, the question whether the contemplated use be really public, shall be a judicial question, and determined as such without regard to any legislative assertion that the use is public.
Page 323 - ... the liberty of conscience, hereby secured, shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this State.
Page 323 - The free exercise and enjoyment of religious profession and worship, without discrimination, shall forever be guaranteed; and no person shall be denied any civil or political right, privilege or capacity, on account of his religious opinions; but the liberty of conscience hereby secured shall not be construed to dispense with oaths or affirmations, excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of the State.