Digest of Cases Decided and Reported in the Supreme Court of the State of Alabama: From 1st Alabama Reports to 7th Porter Inclusive : with the Rules of Court and Practice, and a Table of Titles and Cases : to which are Appended, the Declaration of Independence, the Constitution of the United States, the Act to Enable the People of Alabama to Form a Constitution and State Government, &c., the Constitution of the State of Alabama, and the Fee Bill Established by Law |
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الصفحة 10
Plea alledging that the obligation sued on was given in consideration of services
not yet performed , but which shows that they were in the progress of
performance , - - if not verified is Demurrable . Coulter v . Bell , 2 . S & P . 358 . 9 .
Whenever ...
Plea alledging that the obligation sued on was given in consideration of services
not yet performed , but which shows that they were in the progress of
performance , - - if not verified is Demurrable . Coulter v . Bell , 2 . S & P . 358 . 9 .
Whenever ...
الصفحة 209
A defendant , when sued on a bond or note , is not compelled to plead non est
factum generally , verified by an absolute affidavit ; but he may elect to set forth in
a special plea , the particular facts and circumstances which amount to a denial
of ...
A defendant , when sued on a bond or note , is not compelled to plead non est
factum generally , verified by an absolute affidavit ; but he may elect to set forth in
a special plea , the particular facts and circumstances which amount to a denial
of ...
الصفحة 210
Demurrer to a plea sustained and defendant answers over - the judgment on the
plea will not be revised in the appellate court . . Parks & Burke v . Greening , A . R
. 178 . 60 . Plea struck out as frivolous - judgment should be to answer over ...
Demurrer to a plea sustained and defendant answers over - the judgment on the
plea will not be revised in the appellate court . . Parks & Burke v . Greening , A . R
. 178 . 60 . Plea struck out as frivolous - judgment should be to answer over ...
الصفحة 211
In plea of payment - blank left for the name of the person to whom paid — the
plaintiff takes issue , the defect is waived . Richardson v ; Fainsworth , 1 S . 55 .
77 . Special matters of defence , either of the person or the subject matter must be
...
In plea of payment - blank left for the name of the person to whom paid — the
plaintiff takes issue , the defect is waived . Richardson v ; Fainsworth , 1 S . 55 .
77 . Special matters of defence , either of the person or the subject matter must be
...
الصفحة 220
Plea in abatement stricken out as frivolous , judgment should not be final , but
that defendant answer over immediately . Gibson v . ... Demurrer to plea in bar
sustained - defendant not entitled to amend , or plead over without leave granted
.
Plea in abatement stricken out as frivolous , judgment should not be final , but
that defendant answer over immediately . Gibson v . ... Demurrer to plea in bar
sustained - defendant not entitled to amend , or plead over without leave granted
.
ما يقوله الناس - كتابة مراجعة
لم نعثر على أي مراجعات في الأماكن المعتادة.
عبارات ومصطلحات مألوفة
action administrator admissible agreement allowed amended amount appear applied assigned attachment authority aver bank bill bond cause certificate chancery charge circuit claim clerk common consideration constitution contract copy costs county court court creditor damages debt decree deed defendant demand demurrer directed discharge elected entered entitled equity establish et al evidence execution fact filed give given granted held Ibid indorser interest issue judge judgment jurisdiction jury justice lands liable matter ment motion necessary notice original paid parol party payment person plaintiff plea plead possession president proceedings proof proper prove purchase received record recover rendered representatives rule seal sheriff slave statute sufficient suit supreme court sustain taken term thereof tion trial trust United unless vendee verdict witness writ of error
مقاطع مشهورة
الصفحة 299 - He is at this time transporting large armies of foreign mercenaries to complete the works of death, desolation, and tyranny, already begun with circumstances of cruelty and perfidy, scarcely paralleled in the most barbarous ages, and totally unworthy the head of a civilized nation.
الصفحة 325 - No Senator or Member of Assembly, shall, during the term for which he shall have been elected, be appointed to any civil office of profit under this State, which shall have been created, or the emoluments of which shall have been increased during such term, except such offices as may be filled by elections by the people.
الصفحة 327 - ... in case of disagreement between the two houses with respect to the time of adjournment, adjourn them to such time as he shall think proper, not beyond the time of their next annual session.
الصفحة 299 - Nor have we been wanting in attentions to our British Brethren We have warned them from Time to Time of attempts by their Legislature to extend an unwarrantable Jurisdiction over us...
الصفحة 322 - The powers of the government of the State of Alabama shall be divided into three distinct departments; and each of them confided to a separate body of magistracy to wit, those which are legislative, to one; those which are executive to another, and those which are judicial to another.
الصفحة 300 - NEW JERSEY Richard Stockton John Witherspoon Francis Hopkinson John Hart Abraham Clark PENNSYLVANIA Robert Morris Benjamin Rush Benjamin...
الصفحة 325 - Every bill shall be read on three different days in each House, unless, in case of urgency, three-fourths of the House where such bill is so depending, shall deem it expedient to dispense with this rule : and every bill having passed both Houses, shall be signed by the Speakers of their respective Houses. SEC. 18. The style of the laws of this State shall be: "Be it enacted by the General Assembly of the State of Ohio.
الصفحة 307 - ... shall have been elected, and he shall not receive within that period any other emolument from the United States, or any of them. 8. Before he enter on the execution of his office he shall take the following oath or affirmation: "I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will, to the best of my ability, preserve, protect, and defend the Constitution of the United States.
الصفحة 324 - Jiach house during the session, may punish, by imprisonment, any person, not a member, for disrespectful or disorderly behavior in its presence, or for obstructing any of its proceedings provided that such imprisonment shall not, at any one time, exceed forty-eight hours.
الصفحة 307 - States; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices; and he shall have power to grant reprieves and pardons for offences against the United States, except in cases of impeachment.