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Reports of Cases Argued and Determined in the Supreme Court of Alabama, Volum 38
Alabama. Supreme Court
Uten tilgangsbegrensning - 1867
Reports of Cases Argued and Determined in the Supreme Court of ..., Volum 137
Alabama. Supreme Court
Uten tilgangsbegrensning - 1903
Reports of Cases Argued and Determined in the Supreme ..., Volum 130;Volum 143
Alabama. Supreme Court
Uten tilgangsbegrensning - 1906
action alleged Amer amount answer appeal asked assigned authority averred Bank bill building cause charge circuit court claim Code common Company complainant considered contract corporation court creditors debt deceased decree deed defendant delivered demurrer duty effect entitled equity error escrow evidence excepted execution existence fact filed firm further give given granted ground held intent interest issue Judge judgment jurors jury justice killing land lien matter ment Montgomery mortgage motion murder necessary notice objection opinion paid parties partnership payment person petition plaintiff plea possession present proceedings proof purchase question Railroad reasonable received record recover reference refused rendered respondent Ross rule shown Skeltons sold statement statute sufficient suit Tally tending term testified testimony tion trial tried wife witness writ
Side 24 - The distinction between an accessory before the fact and a principal, and between principals in the first and second degree, in cases of felony, is abrogated; and all persons concerned in the commission of a felony, whether they directly commit the act constituting the offense, or aid and abet in its commission, though not present, shall hereafter be prosecuted, tried, and punished as principals...
Side 81 - A doubt, to justify an acquittal, must be reasonable, and it must arise from a candid and impartial investigation of all the evidence in the case; and unless it is such that, were the same kind of doubt interposed in the graver transactions of life, it would cause a reasonable and prudent man to hesitate and pause, it is insufficient to authorize a verdict of not guilty. If, after considering all the evidence, you can say you have an abiding conviction of the truth of the charge, you are satisfied...
Side 598 - ... in the office of the judge of probate of the county in which the corporation has its principal place of business...
Side 357 - A subsequent statute revising the whole subject-matter of a former one, and evidently intended as a substitute for it, although it contains no express words to that effect, must on principles of law, as well as in reason and common sense, operate to repeal the former.
Side 224 - That the right of way for the construction of highways over public lands, not reserved for public uses, is hereby granted.
Side 364 - ... shall have been abrogated as even detrimental to the well-being of the public. The promised compensation for services actually performed and accepted, during the continuance of the particular agency, may undoubtedly be claimed, both upon principles of compact and of equity; but to insist beyond this on the perpetuation of a public policy either useless or detrimental, and upon a reward for acts neither desired nor performed, would appear to be reconcilable with neither common justice nor common...
Side 599 - The General Assembly shall not remit the forfeiture of the charter of any corporation now existing, or alter or amend the same, or pass any other general or special law for the benefit of such corporation, except upon the condition that such corporation shall thereafter hold its charter subject to the provisions of this Constitution.
Side 364 - The selection of officers, who are nothing more than agents for the effectuating of such public purposes, is matter of public convenience or necessity, and so too are the periods for the appointment of such agents ; but neither the one nor the other of these arrangements can constitute any obligation to continue such agents, or to re-appoint them, after the measures which brought them into being shall have been found useless, shall have been fulfilled, or shall have been abrogated as even detrimental...
Side 140 - Jim Sullivan cut me — he cut me for nothing— I never did anything to him." In that case Brickell, Ch. J., said, for the court: "The objections...