Ostala izdanja - Prikaži sve
action Affirmed alleged amended amount Appeal from circuit appellant appellee applied assessment assignment authority averments bank bill of exceptions bonds Brierfield cause chancery court charge circuit court claim Code complainant constitution contract contributory negligence corporation Court of Alabama court of equity creditors debt debtor deceased declared decree deed defendant defendant's demurrer dence detinue equity error evidence executed fact fendant filed foreclosure fraud garnishee George Stringer ground held indictment injury insolvent issue Jefferson county Judge judgment jurisdiction jury land lien ment mortgage motion negligence Orleans owner paid parties payment person plaintiff plea possession proceedings proof purchase question Railroad Co Railroad Company record refused remittitur Reversed rule Russell county sold statute suit Supreme Court sustained testified testimony tiff tion trial trust verdict W. A. Young witness writ
Stranica 25 - It is a most general rule that no allegation which is descriptive of the identity of that which is legally essential to the claim or charge can ever be rejected.
Stranica 264 - By reason of the negligence of any person in the service of the employer who has the charge or control of any signal, points, locomotive engine, or train upon a railway...
Stranica 98 - The obligation of a contract consists in its binding force on the party who makes it. This depends on the laws in existence when it is made ; these are necessarily referred to in all contracts, and forming a part of them as the measure of the obligation to perform them hy the one party, and the right acquired by the other.
Stranica 227 - The Legislature is invested with full power to pass laws for the correction of abuses and to prevent unjust discrimination and excessive charges by persons and corporations engaged as common carriers in transporting persons and property, or performing other services of a public nature; and shall provide for enforcing such laws by adequate penalties or forfeitures.
Stranica 293 - That in actions by or against executors, administrators, or guardians, in which judgment may be rendered for or against them, neither party shall be allowed to testify against the other, as to any transaction with, or statement by, the testator, intestate, or ward, unless called to testify thereto by the opposite party, or required to testify thereto by the court.
Stranica 382 - In all cases in which an action of account would be the proper remedy at law, and in all cases where a trustee is a party, the jurisdiction of a court of equity is undoubted. It is the appropriate tribunal.
Stranica 94 - The power of taxation, however vast in its character and searching in its extent, is necessarily limited to subjects within the jurisdiction of the State. These subjects are persons, property, and business.
Stranica 73 - The general rule, therefore, is, that a lunatic or a person affected with insanity is admissible as a witness if he have sufficient understanding to apprehend the obligation of an oath, and to be capable of giving a correct account of the matters which he has seen or heard in reference to the questions at issue ; and whether he have that understanding is a question to be determined by the court, upon examination of the party himself, and any competent witnesses who can speak to the nature and extent...
Stranica 37 - The power we allude to is rather the police power, the power vested in the legislature by the Constitution, to make, ordain, and establish all manner of wholesome and reasonable laws, statutes, and ordinances, either with penalties or without, not repugnant to the Constitution, as they shall judge to be for the good and welfare of the commonwealth and of the subjects of the same.
Stranica 335 - ... 1. Actual annexation to the realty, or something appurtenant thereto. 2. Appropriation to the use or purpose of that part of the realty with which it is connected. 3. The intention of the party making the annexation, to make the article a permanent accession to the freehold...