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action Affirmed agent Alabama alleged allowed amended amount appeal appellee application assignment authority Bank bill bond carrier cause Cent charge Circuit Court City claim Code Company complainant consideration considered Constitution contract convicted corporation count Criminal damages deceased decree deed defendant defendant's demurrer duty effect error evidence executed fact failed fendant filed follows further give given ground held indictment injury instruction intention interest issue Judge judgment jury land liability March matter ment Miss mortgage motion negligence Note Note.-For objection offense opinion paid parties payment person plaintiff plea Pleading present purchase question railroad reason received record recover reference refused relation remanded rendered Reversed rule South statute sufficient suit Supreme Court sustained testimony tion trial witness
Page 168 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally, ie, according to the usual course of things, from such breach of contract itself...
Page 357 - ... intended, by any person interested therein, to be received, possessed, sold, or in any manner used, either in the original package or otherwise, in violation of any law of such State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, is hereby prohibited.
Page 161 - 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.
Page 249 - When the classification in such a law is called in question, if any state of facts reasonably can be conceived that would sustain it, the existence of that state of facts at the time the law was enacted must be assumed. 4. One who assails the classification in such a law must carry the burden of showing that it does not rest upon any reasonable basis, but is essentially arbitrary.
Page 98 - ... the constitution and laws of the society and the application for membership and medical examination, signed by the applicant, and all amendments to each thereof, shall constitute the agreement between the society and the member...
Page 248 - ... nor shall any person be twice put in jeopardy of life or liberty for the same offense, except on his own application for a new trial, or where there is a mistrial, or a motion in arrest of judgment is sustained.
Page 393 - The stock and indebtedness of corporations shall not be increased except in pursuance of general law, nor without the consent of the persons holding the larger amount in value of the stock first obtained at a meeting to be held after sixty days notice given in pursuance of law.
Page 66 - ... anything to say why judgment should not be pronounced...
Page 88 - There must be reasonable evidence of negligence; but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.