The Southern Reporter, Volume 56West Publishing Company, 1912 |
From inside the book
Results 1-5 of 100
Page 2
... referred to the jury , and a charge assuming the credibility of the testimony is erroneous , though it is clear and undisputed . " Davidson v . State , 63 Ala . 432 . The above not only is the rule , but it should be the rule . A ...
... referred to the jury , and a charge assuming the credibility of the testimony is erroneous , though it is clear and undisputed . " Davidson v . State , 63 Ala . 432 . The above not only is the rule , but it should be the rule . A ...
Page 22
... doing so , and , The assignments of error referred to in the opinion are • For other cases see same topic and section NUMBER in Dec. Dig . & Am . Dig . Key No. Series & Rep'r Indexes 22 ( Ala . 22 56 SOUTHERN REPORTER.
... doing so , and , The assignments of error referred to in the opinion are • For other cases see same topic and section NUMBER in Dec. Dig . & Am . Dig . Key No. Series & Rep'r Indexes 22 ( Ala . 22 56 SOUTHERN REPORTER.
Page 30
... referred to did not come within the excep- tion to the rule which permits the age of a person to be testified to by himself or by members of his family , although the knowl- edge may be gained only by tradition . v . State , 123 Ala ...
... referred to did not come within the excep- tion to the rule which permits the age of a person to be testified to by himself or by members of his family , although the knowl- edge may be gained only by tradition . v . State , 123 Ala ...
Page 32
... referred to , or that defendant in- tended later in the trial to offer evidence that witness lost his property by gambling . Held , that the defendant could not so argue the proba tive force of the matter inquired about , and that the ...
... referred to , or that defendant in- tended later in the trial to offer evidence that witness lost his property by gambling . Held , that the defendant could not so argue the proba tive force of the matter inquired about , and that the ...
Page 39
... referred to in the recitals of the judgment entry are not shown or set out in the record proper or the bill of exceptions . This court is not in- formed as to what these pleadings were , ex- cept as shown by the judgment entry of the ...
... referred to in the recitals of the judgment entry are not shown or set out in the record proper or the bill of exceptions . This court is not in- formed as to what these pleadings were , ex- cept as shown by the judgment entry of the ...
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action adverse possession Affirmed Alabama alleged amount Appeal and Error Appeal from Circuit appellee authority Bayou St bonds canal Carondelet Carondelet Canal Cent Chancery Court charge Circuit Court claim Code complainant Constitution contract convicted corporation Court of Alabama court of equity Court of Mississippi CRIMINAL LAW debt deceased decree deed defendant defendant's demurrer equity evidence fact fendant filed Florida garnishment habeas corpus HOMICIDE indictment interest issue Judge judgment jurisdiction juror jury land Leon county liability lien Louisiana Lumber ment Miss mortgage municipal Note Note.-For opinion ordinance Orleans overruled paid parties payment person Pike county plaintiff plaintiff in error plea prosecution purchase question railroad reason record refused rendered Reversed and remanded reversible error rule South statute suit Supreme Court testator testified testimony thereof tion trial court trust witness writ
Popular passages
Page 251 - Where after the commencement of this act personal injury is caused to a workman (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...
Page 306 - And I do hereby bind myself, my heirs, executors, and administrators, to warrant and forever defend...
Page 275 - It is a maxim, not to be disregarded, that general expressions, in every opinion, are to be taken in connection with the case in which those expressions are used. If they go beyond the case, they may be respected, but ought not to control the judgment in a subsequent suit, when the very point is presented for decision.
Page 236 - From the variety of cases relative to judgments being given in evidence in civil suits, these two deductions seem to follow as generally true: first, that the judgment of a Court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence, conclusive, between the same parties, upon the same matter, directly in question in another Court...
Page 359 - that where one by his words or conduct wilfully causes another to believe in the existence of a certain state of things, and induces him to act on that belief, or to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
Page 143 - The navigable waters leading into the Mississippi and St Lawrence, and the carrying places between the same, shall be common highways and forever free, as well to the inhabitants of the said Territory as to the citizens of the United States and those of any other States that may be admitted into the Confederacy, without any tax, impost, or duty therefor.
Page 385 - No agent has power In behalf of the Company to make or modify this or any...
Page 462 - Whenever an attempt is made to take private property for a use alleged to be public, the question whether the contemplated use be really public shall be a judicial question, and determined as such without regard to any legislative assertion that the use is public.
Page 6 - It is the duty of the court to instruct the jury as to the law ; and it is the duty of the jury to follow the law, as it is laid down by the court.
Page 449 - This entire policy shall be void if the insured has concealed or misrepresented, in writing or otherwise, any material fact or circumstance concerning this insurance or the subject thereof...