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 viii
... the record is filed , and the errors assigned , to his judgment of affirmance , on
production of the proper certificate or citation . ... properly belongs , it will be
deemed a sufficient cause to reinstate the case , and to set aside the judgment , if
the ...
... the record is filed , and the errors assigned , to his judgment of affirmance , on
production of the proper certificate or citation . ... properly belongs , it will be
deemed a sufficient cause to reinstate the case , and to set aside the judgment , if
the ...
الصفحة 162
When a judgment is improper , but produces a proper result , it will not be
reversed for mere informality . Philips v . Jordan , 3 S . 38 . 54 . Judgment of nil
dicit may be rendered although pleas are on file , and such judgment authorizes
the ...
When a judgment is improper , but produces a proper result , it will not be
reversed for mere informality . Philips v . Jordan , 3 S . 38 . 54 . Judgment of nil
dicit may be rendered although pleas are on file , and such judgment authorizes
the ...
الصفحة 170
When matters of fact , proper for the jury are passed upon by the court , and
withdrawn from the jury in the instructions given ... If a party elects the
determination of the jury upon an issue , properly belonging to the court , he will
not be permitted ...
When matters of fact , proper for the jury are passed upon by the court , and
withdrawn from the jury in the instructions given ... If a party elects the
determination of the jury upon an issue , properly belonging to the court , he will
not be permitted ...
الصفحة 218
When in an action a special plea in bar is alone pleaded , to which a demurrer is
overruled in the court below , and on writ of error the judgment on demurrer , is
reversed , and the plea holden radically bad ; this court will render the proper ...
When in an action a special plea in bar is alone pleaded , to which a demurrer is
overruled in the court below , and on writ of error the judgment on demurrer , is
reversed , and the plea holden radically bad ; this court will render the proper ...
الصفحة 259
The court held , that the agreement cured all defects in the pleadings , and stood
in lieu of the proper issue . McGrew v . Adams & Elliot , 2 S . 502 . 44 . A judgment
will be presumed to be in full force , though a writ of error be sued out , when ...
The court held , that the agreement cured all defects in the pleadings , and stood
in lieu of the proper issue . McGrew v . Adams & Elliot , 2 S . 502 . 44 . A judgment
will be presumed to be in full force , though a writ of error be sued out , when ...
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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.