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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 Court of ..., Volum 143
Uten tilgangsbegrensning - 1906
action adverse possession affirmative Alabama alleged amount Anniston appeal appellee assigns as error authority averred Bethea bill Birmingham Blount county bona fide purchaser bond building cause chancery court charge circuit court claim claimants Code Coffee county Colbert county Company complainant contract conveyance corporation court of equity creditor Dale county debt decree deed defendant defendant's demurrer detinue dollars dynamite el al election Encyc entitled equity Escambia County execution explosion facts fendant filed fraud ground Hudgins indictment indorser injury issue judge judgment jury Koopman & Gerdes land levied liability lien Linnehan McClellan ment mortgage National Bank negligence notes notice nuisance overruled owner paid party payment person plaintiff plea possession probate purchaser question railroad rendered rule secure sheriff statute street sued sufficient suit tended to show therein thereof Thompson tion to-wit transfers trial trust void witness
Side 33 - Assembly from taking the property and franchises of incorporated companies, and subjecting them to public use, the same as the property of individuals...
Side 312 - ... is applied to that class of wrongs that arise from the unreasonable, unwarrantable or unlawful use by a person of his own property, real or personal, or from his own improper, indecent or unlawful personal conduct, working an obstruction of, or injury to, a right of another or of the public, and producing such material annoyance, inconvenience, discomfort or hurt, that the law will presume a consequent damage.
Side 354 - Company, to recover damages for Injuries received by the plaintiff while in the employ of the defendant as a...
Side 656 - Upon the introduction of all the evidence, the defendant requested the court to give to the jury the following charges, and separately excepted to the court's refusal to give each of them as asked: (1.) "If the jury believe the evidence, they must find for- the defendant.
Side 312 - The term *nuisance' in legal phraseology is applied to that class of wrongs that arise from the unreasonable, unwarrantable, or unlawful use by a person of his own property, real or personal, or from his own improper, indecent, or unlawful personal conduct, working an obstruction or injury to a right of another, or of the public, and producing such material annoyance, inconvenience, discomfort or hurt, that the law will presume a consequent damage.
Side 345 - But where the thing sought to be restrained is not unavoidably and in itself noxious, but only something which may according to circumstances prove so...
Side 34 - ... 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 345 - ... to meet the question. The distinction between the two kinds of erection or operation is obvious, and the soundness of that discretion seems • undeniable, which would be very slow to interfere, where the thing to be stopped, while it is highly beneficial to one party, may very possibly be prejudicial to none.
Side 282 - If it is a mere written agreement, solemn or otherwise, still, while it exists, it is always liable to be applied to improper purposes ; and it may be vexatiously litigated at a distance of time, when the proper evidence to repel the claim may have been lost, or obscured; or when the other party may be disabled*- from contesting its validity with as much ability and force as he can contest it at the present moment.