The Southern Reporter, Opseg 8West Publishing Company, 1891 |
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action adverse possession affirmed alleged amount Anniston Appeal from circuit appellant appellee assignment attachment authority averment bill bond Brabston cause chancellor chancery court charge circuit court city court claim Code Ala complainant contract contributory negligence conveyance conveyed coun Court of Alabama court of equity creditors damages debt deceased declared decree deed defendant defendant's demurrer dence detinue duty entitled equity error evidence execution facts fendant filed fraud fraudulent held indictment injury issue Judge judgment jurisdiction killing land levied liability lien ment Miss mortgage negligence paid party payment person plaintiff possession probate prosecution purchase question railroad Railroad Co reason record recover refused rendered rule sheriff sold South Southern Reporter statute statute of frauds suit Supreme Court sureties taxes testator testified testimony tiff tion trial unlawful detainer verdict void wife witness
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Stranica 37 - to be the advantage or benefit which is acquired by an establishment beyond the mere value of the capital, stock, funds, or property employed therein, in consequence of the general public patronage and encouragement which it receives from constant or habitual customers, on account of its local position, or common celebrity, or reputation for skill or affluence, or punctuality, or from other accidental circumstances, or necessities, or even from ancient partialities or prejudices.
Stranica 1 - ... except as to the matters therein stated to be alleged on information and belief, and that as to those matters he believes it to be true.
Stranica 12 - No trust concerning lands, except such as results by implication or construction of law, or which may be transferred or extinguished by operation of law, can be created, unless by instrument in writing, signed by the party creating or declaring the same, or his agent or attorney lawfully authorized thereunto in writing.
Stranica 308 - The discriminations which are open to objection are those where persons engaged in the same business are subjected to different restrictions, or are held entitled to different privileges under the same conditions. It is only then that the discrimination can be said to impair that equal right which all can claim in the enforcement of the laws.
Stranica 172 - In all actions against railroad companies for damages done to persons or property, proof of injury inflicted by the running of the locomotives or cars of such company shall be prima facie evidence of the want of reasonable skill and care on the part of the servants of the company in reference to such injury.
Stranica 255 - Where the unsuccessful party has been prevented from exhibiting fully his case, by fraud or deception practiced on him by his opponent, as by keeping him away from court, a false promise of a compromise, or where the defendant never had knowledge of the suit, being kept in ignorance by the acts of the plaintiff...
Stranica 37 - Good will may be properly enough described to be the advantage or benefit which is acquired by an establishment beyond the mere value of the capital, stock, funds or property employed therein in consequence of the general public patronage and encouragement which it receives from constant or habitual customers on account of its local position or common celebrity, or reputation for skill or affluence or punctuality or from other accidental circumstances or necessities, or even from ancient partialities...
Stranica 13 - ... relieve, even against the words of the statute ; as if one agreement in writing should be proposed and drawn, and another fraudulently and secretly brought in, and executed in lieu of the former ; in this or such like cases of fraud, equity would relieve ; but where there is no fraud, only relying upon the honor, word, or promise of the defendant, the statute making these promises void, equity will not interfere...
Stranica 312 - By an act imminently dangerous to others, and evincing a depraved mind, regardless of human life...
Stranica 326 - When committed in the lawful defense of such person, or of a wife or husband, parent, child, master, mistress,' or servant of such person, when there is reasonable ground to apprehend a design to commit a felony or to do some great bodily injury, and imminent danger of such design being accomplished...