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Reports of Cases Argued and Determined in the Supreme Court of Alabama, Volum 1
George Noble Stewart
Uten tilgangsbegrensning - 1830
action administrator admitted affirmed agreement alleged amount answer appear appellant appellee assigned for error assumpsit authority bank Bibb bond branch bank cause certificate Chancery charged Circuit Court common law complainant consideration contract counsel County Court Court of equity creditors curtesy Darien debt debtor decision declaration decree deed defendant demurrer election entitled equity evidence execution fact favor firm fraud fraudulent given indorsement intended interest issue JANUARY John John Lucas judgment JULY jurisdiction jury justice land Laws of Ala Lecatt liable Lucas Marengo county ment negroes notice objection opinion paid parties payment person Pettus plaintiff in error plea pleaded possession principle proceedings promise proof prove purchase question record recover rendered reversed rule SAFFOLD scire facias sheriff shew shewn statute statute of frauds sued sufficient suit sustained term tiel tion trial trust usury vendor void witness writ of error
Side 361 - The inhabitants of the said territory, shall always be entitled to the benefits of the writ of habeas corpus, and of the trial by jury; of a proportionate representation of the people in the legislature, and of judicial proceedings according to the course of the common law.
Side 87 - Morrell of the first part, and the town of North Hempstead in Queens County and State of New York, of the second part, witnesseth, that the said parties of the first part for and in consideration of the sum of one dollar lawful money of the United States of America, to them in hand paid by the said party of the second part, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged...
Side 143 - Where a law is plain and unambiguous, whether it be expressed in general or limited terms, the Legislature should be intended to mean what they have plainly expressed, and consequently no room is left for construction.
Side 310 - 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.
Side 25 - no action shall be brought whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person, unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Side 238 - Every male person subject to none of the foregoing disqualifications, who shall have attained the age of twenty-one years, and who shall be a citizen of the United States, and...
Side 239 - In all criminal prosecutions the accused shall enjoy the right to be heard by himself and counsel; to demand the nature and cause of the accusation against him; to meet the witnesses face to face; to have compulsory process to compel the attendance of witnesses in his behalf; and in prosecutions by indictment, or information, to a speedy public trial by an impartial jury of the county or district wherein the offense shall have been committed; which county or district shall have been previously ascertained...
Side 315 - To give any binding effect to a judgment, it is essential that the court should have jurisdiction of the person, and of the subject matter; and the want of jurisdiction is a matter that may always be set up against a judgment, when sought to be enforced, or when any benefit is claimed under it. The want of jurisdiction makes it utterly void and unavailable for any purpose.
Side 206 - The test," says Judge Duncan in Swan v. Scott, 11 Serg. & R. 164, "whether a demand connected with an illegal transaction is capable of being enforced at law, is whether the plaintiff requires the aid of the illegal transaction to establish his case.