The Encyclopedic Digest of Alabama Reports: Being a Complete Encyclopedia and Digest of All the Alabama Case Law Up to and Including Volume 175, Alabama Reports, Volume 6, Alabama Appellate Court Reports, and Volume 62, Southern Reporter, Opseg 9Thomas Johnson Michie Michie Company, 1916 |
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Uobičajeni izrazi i fraze
9 Ala alleged amount appear attorney authority bill bond Branch Bank cause of action chancery circuit court cited in note claim clerk Code collaterally complainant conclusive court of equity damages debt debtor deed defendant defendant's demurrer detinue dismissal ejectment enjoin estoppel evidence execution fact favor fendant filed fraud ground Held issue judg judgment at law judgment by default judgment creditor judgment debtor judgment nunc judgment or decree judgment rendered judicial jurisdiction jurors jury land lien matter ment mortgage motion note in 20 note in 31 notice nunc pro tunc party payment person petition plaintiff plea pleaded Port probate court proceedings providing purchaser quash recital record recover recovery relief rendition res judicata scire facias service of process set-off sheriff statute Stew struck jury sued sufficient suit summoned surety thereof tion trial vacate validity verdict void writ
Popularni odlomci
Stranica 267 - No right of way shall be appropriated to the use of any corporation until full compensation therefor be first made in money, or first secured by a deposit of money to the owner, irrespective of any benefit from any improvement proposed by such corporation, which compensation shall be ascertained by a jury of twelve men, in a court of record, as shall be prescribed by law.
Stranica 188 - In considering the operation of this judgment, it should be borne in mind, as stated by counsel, that there is a difference between the effect of a judgment as a bar or estoppel against the prosecution of a second action upon the same claim or demand, and its effect as an estoppel in another action between the same parties upon a different claim or cause of action.
Stranica 171 - From the variety of cases relative to judgments being given in evidence in civil suits, these two deductions seem to follow as generally true: first, that the judgment of a court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence, conclusive, between the same parties, upon the same matter, directly in question in another court...
Stranica 188 - In privity with them, not only as to every matter which was offered and received to sustain or defeat the claim or demand, but as to any other admissible matter which might have been offered for that purpose.
Stranica 528 - ... may be convicted and punished in the same manner as if such larceny or receiving had been committed within the state.
Stranica 175 - Parties, in the larger legal sense, are all persons having a right to control the proceedings, to make defense, to adduce and crossexamine witnesses, and to appeal from the decision, if an appeal lies.
Stranica 104 - Court ordinarily has no jurisdiction and cannot entertain a motion to vacate a judgment after the expiration of the term at which it was entered.
Stranica 164 - The best and most invariable test as to whether a former judgment is a bar is to inquire whether the same evidence will sustain both the present and the former action. If this identity of evidence is found, it will make no difference that the form of the two actions is not the same.
Stranica 319 - The opinion which has been avowed by the court, is, that light impressions which may fairly be supposed to yield to the testimony that may be offered ; which may leave the mind open to a fair consideration of that testimony, constitute no sufficient objection to a juror ; but that those strong and deep impressions, which will close the mind against the testimony that may be offered in opposition to them ; which will combat that testimony and resist its force, do constitute a sufficient objection...
Stranica 562 - When a public offense is committed in part in one county and in part in another, or the acts or effects thereof constituting or requisite to the consummation of the offense occur in two or more counties, the jurisdiction is in either county.