Proceedings of the ... Annual Meeting of the Alabama State Bar Association, Том 35,Частина 1912State Printers, 1912 |
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Сторінка 13
... Judicial Commission the de- spair that hangs over many of us at our inability to solve many of the problems ; when I hear the advocates of one system or the other worrying over the election of our judiciary or appointing them , I look ...
... Judicial Commission the de- spair that hangs over many of us at our inability to solve many of the problems ; when I hear the advocates of one system or the other worrying over the election of our judiciary or appointing them , I look ...
Сторінка 26
... judicial and executive . I think if the man who coined that phrase lived in 1912 he would have said that we had no legislative nor executive depart- ments of government , that they were extinct , but he would place considerable emphasis ...
... judicial and executive . I think if the man who coined that phrase lived in 1912 he would have said that we had no legislative nor executive depart- ments of government , that they were extinct , but he would place considerable emphasis ...
Сторінка 35
... judicial decisions . What would be your purpose in making your judges depend- ent ? There is not a civilized country on earth whose whole system is not directed to but one purpose , and that is to make the judges absolutely independent ...
... judicial decisions . What would be your purpose in making your judges depend- ent ? There is not a civilized country on earth whose whole system is not directed to but one purpose , and that is to make the judges absolutely independent ...
Сторінка 36
... judicial recall and the recall of judicial decisions . What does it mean ? Do these gentlemen when they advocate the doctrine - do they know that under that principle of the recall of judicial decisions , the people would be put at the ...
... judicial recall and the recall of judicial decisions . What does it mean ? Do these gentlemen when they advocate the doctrine - do they know that under that principle of the recall of judicial decisions , the people would be put at the ...
Сторінка 40
... judicial justice , and the doing away with those things that result in judicial injustice - if we have any such results in this State . I admire the bravery of the young gentleman from Jefferson who read the paper that is the theme or ...
... judicial justice , and the doing away with those things that result in judicial injustice - if we have any such results in this State . I admire the bravery of the young gentleman from Jefferson who read the paper that is the theme or ...
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accused administration Alabama State Bar amendment American Bar Association Anniston annual meeting appeal appellate court appointed Asso attorney ballot bama Bar Association Bar of Alabama believe bill Birmingham Birmingham Birmingham By-Laws Callahan cause Central Council charge ciation civil client Code Committee on Legislative common law Constitution conviction crime criminal law decisions defendant duty elected EMMET O'NEAL employees error evidence examination Executive Committee fact favor Fitts gentleman H. F. Reese HANNIS TAYLOR honor Huntsville injury interest Jefferson County judgment judicial judiciary July July 11 jury justice law school lawyers Legislature Letcher matter ment mittee Mobile Montgomery Montgomery Motion adopted murder nomination O'Neal opinion popular practice present President procedure profession prosecutions question recall reform reversed rules Secretary Sims sociation solicitor statute Supreme Court technical tion trial court United University of Alabama verdict vote
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Сторінка 140 - I will abstain from all offensive personality, and advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which...
Сторінка 333 - Amendment, this court has not failed to recognize the fact that the law is to a certain extent a progressive science; that in some of the states methods of procedure which, at the time the Constitution was adopted, were deemed essential to the protection and safety of the people, or to the liberty of the citizen, have been found to be no longer necessary...
Сторінка 147 - TO CONTROL THE INCIDENTS OF THE TRIAL As to incidental matters pending the trial, not affecting the merits of the cause, or working substantial prejudice to the rights of the client, such as forcing the opposite lawyer to trial when he is under affliction or bereavement; forcing the trial on a particular day to the injury of the opposite lawyer when no harm will result from a trial at a different time; agreeing to an extension...
Сторінка 143 - But it is steadfastly to be borne in mind that the great trust of the lawyer is to be performed within and not without the bounds of the law. The office of attorney does not permit, much less does it demand of him for any client, violation of law or any manner of fraud or chicane. He must obey his own conscience and not that of his client 16.
Сторінка 151 - In fixing fees it should never be forgotten that the profession is a branch of the administration of justice and not a mere moneygetting trade.
Сторінка 148 - The miscarriages to which justice is subject, by reason of surprises and disappointments in evidence and witnesses, and through mistakes of juries and errors of Courts, even though only occasional, admonish lawyers to beware of bold and confident assurances to clients, especially where the employment may depend upon such assurance. Whenever the controversy will admit of fair adjustment, the client should be advised to avoid or to end the litigation.
Сторінка 327 - to regulate commerce . . . among the several States" and "to make all laws which shall be necessary and proper" for the purpose have been considered by this court so often and in such varied connections that some propositions bearing upon the extent and nature of this power have come to be so firmly settled as no longer to be open to dispute, among them being these: 1. The term "commerce" comprehends more than the mere exchange of goods. It embraces commercial intercourse in all its branches, including...
Сторінка 145 - It is disreputable to hunt up defects in titles or other causes of action and inform thereof in order to be employed to bring suit, or to breed litigation by seeking out those with claims for personal injuries or those having any other grounds of action in order to secure them as clients...
Сторінка 147 - ... interrogatories and the like, the lawyer must be allowed to judge. In such matters no client has a right to demand that his counsel shall be illiberal, or that he do anything therein repugnant to his own sense of honor and propriety.
Сторінка 123 - If the defendant pleads guilty, or refuses to answer the accusation, the court must render judgment of conviction against him. If he denies the matters charged, the court must immediately, or at such time as it may appoint, proceed to try the accusation. • 767. The trial must be by a jury, and conducted in all respects in the same manner as the trial of an indictment for a misdemeanor.