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Reports of Cases Argued and Determined in the Supreme Court of Alabama, Том 143
Повний перегляд - 1906
9 Ala acres action adm'r administrator admitted affidavit affirmed alledges amount answer assigned assumpsit authority Bank at Mobile bill of exceptions bill of sale boat bond Branch Bank breach carry for hire cestui que trust chancellor chancery Chantron charge circuit court claim Clay's clerk common carrier complainant contract court of chancery court of equity creditors daughter Deas debt declaration decree deed defendant in error demurrer detinue discharge distributees donor dower entitled evidence Ex'rs execution executor fact filed fraud grantor heirs husband interest intestate issue John judge judgment jury land levy liable lien matter ment mortgage mortgagor orphans paid party payment person Pitts plaintiff in error plea Pledger possession proceedings proof proved question received record recover rule sheriff slaves statute statute of limitations suit sureties testimony tion usury vendor Wend wife witness writ of right
Сторінка 276 - It is a rule in law, when the ancestor by any gift or conveyance takes an estate of freehold, and in the same gift or conveyance an estate is limited either mediately or immediately to his heirs in fee or in tail; that always in such cases, 'the heirs' are words of limitation of the estate, and not words of purchase.
Сторінка 260 - common carrier" has, therefore, been defined to be one who undertakes for hire or reward to transport the goods of such as choose to employ him from place to place.
Сторінка 767 - Field, now a member of this court, that "the interest mentioned in the statute which entitles a person to intervene in a suit between other parties must be in the matter in litigation, and of such a direct and immediate character that the intervenor will either gain or lose by the direct legal operation and effect of the judgment.
Сторінка 397 - The true test of the interest of a witness is, that he will either gain or lose by the direct legal operation and effect of the judgment, or that the record will be legal evidence for or against him in some other action.
Сторінка 24 - America, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents.
Сторінка 260 - I take it to be exceedingly clear, that no person is a common carrier in the sense of the law, who is not a carrier for hire ; that is, who does not receive, or is not entitled to receive, any recompense for his services. The known definition of a common carrier, in all our books, fully establishes this result.
Сторінка 403 - So far as an offence has been committed against the public peace and morals, the corporate authorities have no power to inflict punishment, and we are not informed that they have attempted to arrogate it. It is altogether immaterial whether the State tribunal has interfered and exercised its powers in bringing the defendant before it to answer for the assault and battery ; for whether he has there been punished or acquitted is alike unimportant.
Сторінка 403 - The object of the power conferred by the charter, and the purpose of the ordinance itself, was not to punish for an...
Сторінка 358 - ... where any loan of goods and chattels shall be pretended to have been made to any person with whom, or those claiming under him, possession shall have remained by the space of five years, without demand made and pursued by due process at law, on the part of the pretended lender...