Reports of Cases Argued and Determined in the Supreme Court of Alabama, Том 151 |
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Загальні терміни та фрази
44 South action affirmative charge Alabama alleged ANDERSON Anniston appellee Assumpsit authority avers bill of exceptions Birmingham cause chancery court charges the jury Circuit Court City Court claim Code Company complaint concur contract contributory negligence convicted corporation court charges court erred court of equity damages deceased Decided June decree deed defendant's demurrer DENSON detinue DOWDELL Ency equity evidence executed facts fendant filed guilty HARALSON Heard Heard before Hon indictment injury issue Jefferson county jurisdiction land license liquor Lumber MCCLELLAN ment mortgage motion mule negligence opinion ordinance overruled party person plaintiff plea possession probate properly refused purchaser question railroad Railway reasonable record recover rendered requested Reversed and remanded rule SIMPSON Simpson & Co South & North statute Stillman suit supra sustained tended to show testified testimony thereof tion trespass trial court TYSON unlawful detainer verdict void Washington County Wefel witness
Популярні уривки
Сторінка 551 - Federal law. The police power of the State is fully competent to regulate the business, to mitigate its evils or to suppress it entirely. There is no inherent right in a citizen to sell intoxicating liquors by retail; it is not a privilege of a citizen of the State or of a citizen of the United States.
Сторінка 618 - All courts shall be open; and every man, for an injury done him in his lands, goods, person, or reputation, shall have remedy by due course of law, and right and justice administered, without sale, denial, or delay.
Сторінка 552 - ... for that purpose. It is a matter of legislative will only. As in many other cases, the officers may not always exercise the power conferred upon them with wisdom or justice to the parties affected. But that is a matter which does not affect the authority of the State ; Opinion of the Court. nor is it one which can be brought under the cognizance of the courts of the United States.
Сторінка 551 - There is no inherent right in a citizen to thus sell intoxicating liquors by retail; it is not a privilege of a citizen of the state or of a citizen of the United States. As it is a business attended with danger to the community it may, as already said, be entirely prohibited, or be permitted under such conditions as will limit to the utmost its evils. The manner and extent of regulation rest in the discretion of the governing authority.
Сторінка 224 - 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, until reversed, is regarded as binding in every other court : but, if it act without authority, its judgments and orders are regarded as nullities. They are not voidable, but simply void.
Сторінка 227 - ... rights have been directly violated, or because the cause of action is his, or because he is entitled to the relief sought; he is permitted to sue In this manner simply in order to set in motion the judicial machinery of the court. The stockholder, either individually or as the representative of the class, may commence the suit, and may prosecute it to judgment; but, in every other respect, the action is the ordinary one brought by the corporation, It is maintained directly for the benefit of...
Сторінка 486 - LITTLETON reciteth one of the maxims of the common law ; and the reason hereof is, for avoiding of maintenance, suppression of right, and stirring up of suits ; and therefore nothing in action, entry, or re-entry can be granted over ; for, so, under colour thereof, pretended titles might be granted to great men, whereby right might be trodden down, and the weak oppressed, which the common law forbiddeth, — as men to grant before they be in possession.
Сторінка 401 - ... (30) If the jury believe from the evidence that the plaintiff's land described in the complaint suffered no permanent injury from defendant's acts, and if the jury further believe from the evidence that the plaintiff was...
Сторінка 201 - Together with all and singular the tenements, hereditaments, and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof...
Сторінка 471 - The rule further applies here, that, when the question as to the reasonableness of a municipal by-law or city ordinance is raised, and it has reference to a subject-matter within the corporate jurisdiction, it will be presumed to be reasonable, unless the contrary appears on the face of the law itself, or is established by proper evidence.