Reports of Cases Argued and Determined in the Supreme Court of Alabama, Volum 119 |
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Side 22
... averments and prayer for any part of the relief prayed , may be so amended as will authorize relief certainly as to the 120 acres of land , if the proofs sustain the averments . The bill should not , therefore , have been dismissed for ...
... averments and prayer for any part of the relief prayed , may be so amended as will authorize relief certainly as to the 120 acres of land , if the proofs sustain the averments . The bill should not , therefore , have been dismissed for ...
Side 37
... averments of the complaint are sufficiently shown by the opinion . The defendant demurred to the second count upon the ground that it attempts to show wherein the bond sued on is broken , without setting out the con- ditions of the bond ...
... averments of the complaint are sufficiently shown by the opinion . The defendant demurred to the second count upon the ground that it attempts to show wherein the bond sued on is broken , without setting out the con- ditions of the bond ...
Side 39
... averment that the defendant failed and refused to pay the hire accord- ing to the said contract , certainly shows a breach of the contract , as much so as if the count in totidem verbis had further averred such " failure or refusal " to ...
... averment that the defendant failed and refused to pay the hire accord- ing to the said contract , certainly shows a breach of the contract , as much so as if the count in totidem verbis had further averred such " failure or refusal " to ...
Side 51
... averment by which the last mentioned damages were claimed , and the averment that defendant had caused the railroad company not to furnish cars , did not constitute reversible errors . If the averment that defendant caused the railroad ...
... averment by which the last mentioned damages were claimed , and the averment that defendant had caused the railroad company not to furnish cars , did not constitute reversible errors . If the averment that defendant caused the railroad ...
Side 59
... - In an action for work and labor done , and for money had and received , the general issue mere- ly traverses the averments of the complaint ; and the ques- [ Hartford , Herbert & Co. v . The City 1898. ] 59 OF ALABAMA .
... - In an action for work and labor done , and for money had and received , the general issue mere- ly traverses the averments of the complaint ; and the ques- [ Hartford , Herbert & Co. v . The City 1898. ] 59 OF ALABAMA .
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Vanlige uttrykk og setninger
action affidavit Affirmed agent Alabama alleged amended appeal appellee Ashurst assignment Attalla authority averments Bank bill bill of lading Birmingham bond cars cause Chancery Court charge choses in action Circuit Court cited claim Code Coghill common carrier Company complainant complainant's contract conveyance conveyed corporation count court of equity creditors damages debt debtor deceased decree deed defendant defendant's demurrer dence dismiss duty Elyton Land Encyc entitled error estoppel evidence execution facts fendant filed fraud fraudulent garnishee ground husband injury insolvent interest issue Jefferson County judgment legal title levy liable lien loan MCCLELLAN ment mortgage motion negligence opinion overruled paid parties partnership payment person Pike county plaintiff plea possession probate question railroad Railway received refused rendered rule statute street sued sufficient suit tending to show testator testatrix testimony thereof tion track undue influence verdict void wife witness
Populære avsnitt
Side 205 - ... hundred dollars, and may also be imprisoned in the County jail or sentenced to hard labor for the County for not more than six months.
Side 134 - Municipal and other corporations and individuals invested with the privilege of taking private property for public use, shall make just compensation for property taken, injured, or destroyed by the construction or enlargement of their works, highways, or improvements, which compensation shall be paid or secured before such taking, injury, or destruction.
Side 578 - ... 1. By reason of any defect in the condition of the ways, works, machinery, or plant, connected with or used in the business of the employer which arose from or had not been discovered or remedied owing to the negligence of the employer or of any person in the service of the employer and intrusted by him with the duty of seeing that the ways, works, machinery, or plant, were in proper condition; 2.
Side 543 - ... it shall be unlawful for such common carrier to charge, demand, collect, or receive from any person or persons a greater or less compensation for the transportation of passengers or property, or for any service in connection therewith, than is specified in such published schedule of rates, fares, and charges as may at the time be in force.
Side 742 - Wherever two persons stand in such a relation that, while it continues, confidence is necessarily reposed by one, and the influence which naturally grows out of that confidence is possessed by the other, and this confidence is abused, or the influence is exerted to obtain an advantage at the expense of the confiding party, the person so availing himself of his position will not be permitted to retain the advantage, although the transaction could not have been impeached if no such confidential relation...
Side 474 - ... a quorum to do business ; but a smaller number may adjourn from day to day, and may compel the attendance of absent members, in such manner and under such penalties as each House may provide.
Side 364 - In writing signed by the grantor, or his agent having a written authority, is effectual to transfer the legal title to the grantee, If such was the Intention of the grantor, to be collected from the entire instrument.
Side 69 - ... for its use, or for the use of any of its shareholders or creditors; and all payments of money to either, made after the commission of an act of insolvency, or in contemplation thereof...
Side 444 - ... securely locked in a fireproof safe at night, and at all times when the store mentioned in the within policy is not actually open for business, or in some secure place not exposed to a fire which would destroy the house where such business is carried on...
Side 364 - Where a power to sell real property is given to a mortgagee, or to the grantee in any other conveyance intended to secure the payment of money, the power is deemed a part of the security, and vests in, and may be executed by any person who, by assignment or otherwise, becomes entitled to the money so secured to be paid.