The Southern Reporter, Volume 5West Publishing Company, 1889 |
From inside the book
Results 1-5 of 76
Page 4
... unless expressly changed . The general powers of the act of 1885 , therefore , must be construed as being aided by the more specific provisions of the other acts . In this view , while the act of 1885 does not specifically provide for ...
... unless expressly changed . The general powers of the act of 1885 , therefore , must be construed as being aided by the more specific provisions of the other acts . In this view , while the act of 1885 does not specifically provide for ...
Page 8
... unless the verdict is so clearly and manifestly against the weight of evidence as to suggest the presumption that it was produced by influences other than a proper consideration of the testimony . John v . State , Id . 554. Applying ...
... unless the verdict is so clearly and manifestly against the weight of evidence as to suggest the presumption that it was produced by influences other than a proper consideration of the testimony . John v . State , Id . 554. Applying ...
Page 19
... unless he was therein cor- roborated by unimpeached evidence . The judge very properly refused the charge as requested , because it was unwarranted by the laws of this state : and because , in his general charge to the jury , he had ...
... unless he was therein cor- roborated by unimpeached evidence . The judge very properly refused the charge as requested , because it was unwarranted by the laws of this state : and because , in his general charge to the jury , he had ...
Page 38
... unless he can explain the same by showing , as required by such rule , that it was con- sistent with the deed , or unavoidable , or temporary , or for the reasonable con- venience of himself , the vendee . As the answer does not give us ...
... unless he can explain the same by showing , as required by such rule , that it was con- sistent with the deed , or unavoidable , or temporary , or for the reasonable con- venience of himself , the vendee . As the answer does not give us ...
Page 48
... unless the testimony shows beyond a reasonable doubt that he is guilty of it . The charge is in the usual language , and is sufficient , and there was consequently no error in the refusal to give the one asked by the defendant's counsel ...
... unless the testimony shows beyond a reasonable doubt that he is guilty of it . The charge is in the usual language , and is sufficient , and there was consequently no error in the refusal to give the one asked by the defendant's counsel ...
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Common terms and phrases
action adverse possession affirmed agent agreement alleged amended amount Appeal from circuit appellant appellee assigned authority avers bill bond chancellor chancery court charge circuit court claim Code complainant constitution contract conveyance conviction Court of Alabama court of equity creditors damages debt deceased declaration decree deed defendant defendant's demurrer entitled equity error evidence execution fact February February 28 filed garnishees ground heirs held Howard husband indictment intention Jefferson county Judge judgment jurisdiction jurors jury land Lee county liability lien Marion county ment Miss mortgage offense Orleans overruled owner paid parties payment Pensacola person plaintiff plea possession probate proceedings proof question Railroad Co railroad company reasonable record recover refused rendered rule sold statute statute of frauds sued suit Supreme Court sureties taxes testimony tion trial usurious vendor verdict wife witness
Popular passages
Page 43 - By the law of the land is most clearly intended the general law; a law which hears before it condemns; which proceeds upon inquiry, and renders judgment only after trial.
Page 432 - It is that state of the case, which, after the entire comparison and consideration of all the evidence, leaves the minds of the jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge.
Page 523 - ... nor for omitting to state the time at which the offence was committed in any case where time is not of the essence of the offence, nor for stating the time imperfectly, nor for stating the offence to have been committed on a day subsequent to the finding of the indictment, or on an impossible day, or on a day that never happened...
Page 389 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
Page 424 - No law shall be revived, amended, or the provisions thereof extended, or conferred by reference to its title only, but so much thereof as is revived, amended, extended, or conferred, shall be reenacted, and published at length.
Page 17 - The accused shall enjoy the right to be informed of the nature and cause of the accusation...
Page 102 - An ex post facto law is one which renders an act punishable in a manner in which it was not punishable when it was committed.
Page 69 - ... 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, so as 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 102 - Every law that alters the legal rules of evidence, and receives less or different testimony than the law required at the time of the commission of the...
Page 76 - If she omitted to use them, and walked thoughtlessly upon the track, she was guilty of culpable negligence, and so far contributed to her injuries as to deprive her of any right to complain of others. If, using them, she saw the train coming, and yet undertook to cross the track, instead of waiting for the train to pass, and was injured, the consequences of her mistake and temerity cannot be cast upon the defendant.