Reports of Cases Argued and Determined in the Supreme Court of Alabama, Opseg 94
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action agent alleged amount appeal applied asked assigned attachment authority averments believe bill building cars cause charge Circuit circumstances cited City claim Code complainant condition consideration contract count court creditors damages debt deceased decree deed defect defendant defendant's demurrer dollars duty effect enforce engine entitled equity error evidence excepted execution existence facts filed further give given ground guilty held hold improvements injury intent interest issue judgment jury land lien material matter ment mortgage motion necessary negligence notes notice objection opinion paid parties payment perform person plaintiff plea possession present principle proof proper prove purchase question Railroad reasonable received record recover refused rendered rule shown sold statute sufficient suit taken tending testified testimony tion train trial trustee unless wife witness
Stranica 141 - The records and judicial proceedings of the courts of any state or territory, or of any such country, shall be proved or admitted in any other court within the United States by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate that the said attestation is in due form.
Stranica 169 - ... the plaintiff must recover upon the strength of his own title, and not upon the weakness of the title of the defendant.
Stranica 308 - It is a doctrine of law too long established to require a citation of authorities, that, where a court has jurisdiction, it has a right to decide every question which occurs in the cause, and whether its decision be correct or otherwise, its judgment, till reversed, is regarded as binding in every other court...
Stranica 146 - ... 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 which arose from or had not been discovered or remedied owing to the negligence of the employer or of any person in the service of the employer and intrusted by him with the duty of seeing that the ways, works, machinery, or plant, were in proper condition; 2.
Stranica 215 - 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...
Stranica 119 - A contract of two or more competent persons, to place their money, effects, labor and skill, or some or all of them, in lawful commerce or business, and to divide the profit and bear the loss in certain proportions.
Stranica 215 - When the injury is caused by reason of the negligence of any person in the service or employment of the master or employer, who has any superintendence intrusted to him, whilst in the exercise of such superintendence.
Stranica 414 - Under sub-section one of section one, unless the defect therein mentioned arose from, or had not been discovered or remedied owing to the negligence of the employer, or of some person in the service of the employer, and entrusted by him with the duty of seeing that the ways, works, machinery, or plant were in proper condition.
Stranica 421 - It is an elementary principle of the law of evidence that the best evidence of which the case in its nature is susceptible...
Stranica 214 - When such injury is caused by reason of the negligence of any person in the service or employment of the master or employer who has the charge or control of any signal, points, locomotive, engine, switch, car, or train upon a railway, or of any part of the track of a railway.