Reports of Cases at Law and in Equity, Argued and Adjudged in the Supreme Court of Alabama, Količina 4M.J. Slade, 1838 |
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adm'r administrator affirmed aforesaid agreement Alabama alleged amend appear assigned assumpsit authorised Bank bill of exceptions Boggs bond Burruss cause of action Chancery charged the jury Circuit Court Clark complainant Conaleskee contract counsel count mentioned County Court Court of Equity DARRINGTON debt declaration decree deed of trust defendant in error demurrer Draughon eighteen hundred equity evidence ex'or executors facts fee simple fendant filed Gayle guilty heirs hundred and thirty hundred dollars indictment issue James McDade Judge judgment land liability Lowndes county Lucas McBroom McDade ment Mobile county offence overruled paid parties payment person plaintiff in error plea Portis possession proceedings proof proved purchase record refused rendered scire facias Searcy secured sheriff shew shewn slave or slaves specific execution statute sued sufficient suit sureties sustain term testimony thereof tion trespass trial Trotter vendee vendor verdict wife witness writ of error
Priljubljeni odlomki
Stran 462 - Treason against the State shall consist only in levying war against it, or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on confession in open court.
Stran 308 - to prove that where nothing has been done by the parties this Court will hold, in a contract of buying and selling, a rule that the time is not an essential part of the contract. Here no step had been taken, from the day of the sale for six months after the expiration of the time at which the contract was to be completed. If a given default will not do, what length of time will do ? An equity arising out of one's own neglect ! It is a singular head of equity.
Stran 154 - The first general maxim of interpretation is, that it is not permitted to interpret what has no need of interpretation. When an act is conceived in clear and precise terms, when the sense is manifest, and leads to nothing absurd, there can be no reason to refuse the sense which this treaty naturally presents. To go elsewhere in search of conjectures, in order to restrain or extinguish it, is to endeavor to elude it.
Stran 404 - Besides presence and aiding and abetting the principal, there must be a participation in the felonious design, or at least the offence must be within the compass of the original intention, to constitute a principal in the second degree.
Stran 176 - ... most just. The seller ought not to be compelled to part with his property without receiving the consideration, nor the purchaser to part with his money without an equivalent in return...
Stran 277 - Whereby, and by reason of the non-payment thereof, an action hath accrued to the said plaintiff to demand and have of and from the said defendant the said sum of £500, above demanded.
Stran 484 - ... says that the said plaintiff ought not to have or maintain his aforesaid action thereof against him; because he says that the said...
Stran 523 - Where a contract grows immediately out of and is connected with an illegal or immoral act, a court of justice will not lend its aid to enforce it.
Stran 308 - The conduct of the parties, inevitable accident, &c., might induce the Court to relieve. But it is a different thing to say the appointment of a day is to have no effect at all ; and that it is not in the power of the parties to contract, that, if the agreement is not executed at a particular time, they shall be at liberty to rescind it.
Stran 20 - Steward who being elected tried and sworn the truth to speak upon the issue joined upon their oaths do say that the said deft, are guilty in manner and form as the pit.