Digest of Cases Decided and Reported in the Supreme Court of the State of Alabama: From 1st Alabama Reports to 7th Porter Inclusive : with the Rules of Court and Practice, and a Table of Titles and Cases : to which are Appended, the Declaration of Independence, the Constitution of the United States, the Act to Enable the People of Alabama to Form a Constitution and State Government, &c., the Constitution of the State of Alabama, and the Fee Bill Established by LawR.R. Dade and J.S. Kellogg, 1840 - 350 pages |
From inside the book
Results 1-5 of 69
Page vii
... decree , final decree , & c . & c . ) are to be found . Marginal references to the several matters , as above , shall be made throughout the transcript . 20. The several sheets of each transcript shall be so stitched Clerks seal in ...
... decree , final decree , & c . & c . ) are to be found . Marginal references to the several matters , as above , shall be made throughout the transcript . 20. The several sheets of each transcript shall be so stitched Clerks seal in ...
Page ix
... decree rendered during the Executions . term , ( unless the party to be benefitted thereby , or his attorney , shall , in writing , otherwise direct , ) the clerk shall issue execu- tion , as soon after the adjournment as the law will ...
... decree rendered during the Executions . term , ( unless the party to be benefitted thereby , or his attorney , shall , in writing , otherwise direct , ) the clerk shall issue execu- tion , as soon after the adjournment as the law will ...
Page xii
... decree rendered ac- cording to the claim and proof . Either party on timely appli- cation , may set aside his default on such term as the court shall impose . 16. At the hearing of every cause the complainant's counsel shall furnish to ...
... decree rendered ac- cording to the claim and proof . Either party on timely appli- cation , may set aside his default on such term as the court shall impose . 16. At the hearing of every cause the complainant's counsel shall furnish to ...
Page xiii
... decrees made for want of answer . The motion for re - hearing must be made at the same term at which the decree is rendered . A defendant must , at the time of en- tering a motion to set aside an order or decree made on his de- fault ...
... decrees made for want of answer . The motion for re - hearing must be made at the same term at which the decree is rendered . A defendant must , at the time of en- tering a motion to set aside an order or decree made on his de- fault ...
Page 44
... decree the same to belong to B , ) and that A further abides the decree of foreclosure is valid , and not void on the ground of usury or want of consideration . And to insure a recovery on such bond , it must appear that a decree of ...
... decree the same to belong to B , ) and that A further abides the decree of foreclosure is valid , and not void on the ground of usury or want of consideration . And to insure a recovery on such bond , it must appear that a decree of ...
Common terms and phrases
1bid action adm'r administrator admissible affidavit alledged amended appear assigned assumpsit authority aver bill bond cause certificate certiorari chancery charge circuit court claim clerk common law contract county court covenant creditor damages debt declaration decree deed defendant demurrer detinue discharge elected entitled equity evidence ex'r execution executor filed fraud garnishee Gayle granted held Huntsville Ibid indictment indorser issue judge judgment by default jurisdiction jury justice lands liable lien ment motion necessary non est factum notice nunc pro tunc parol party payable payment person plaintiff plaintiff in error plea in abatement plead possession president proceedings promissory note proof prosecuted prove purchase money record recover rendered scire facias seal sheriff shewn slave statute sued sufficient suit supreme court sureties sustain term thereof tion Tombecbee Bank transcript trespass trial trust try title vendee vendor verdict void witness writ of error
Popular passages
Page 299 - He is at this time transporting large armies of foreign mercenaries to complete the works of death, desolation, and tyranny, already begun with circumstances of cruelty and perfidy, scarcely paralleled in the most barbarous ages, and totally unworthy the head of a civilized nation.
Page 325 - No Senator or Member of Assembly, shall, during the term for which he shall have been elected, be appointed to any civil office of profit under this State, which shall have been created, or the emoluments of which shall have been increased during such term, except such offices as may be filled by elections by the people.
Page 327 - ... in case of disagreement between the two houses with respect to the time of adjournment, adjourn them to such time as he shall think proper, not beyond the time of their next annual session.
Page 299 - Nor have we been wanting in attentions to our British Brethren We have warned them from Time to Time of attempts by their Legislature to extend an unwarrantable Jurisdiction over us...
Page 322 - The powers of the government of the State of Alabama shall be divided into three distinct departments; and each of them confided to a separate body of magistracy to wit, those which are legislative, to one; those which are executive to another, and those which are judicial to another.
Page 300 - NEW JERSEY Richard Stockton John Witherspoon Francis Hopkinson John Hart Abraham Clark PENNSYLVANIA Robert Morris Benjamin Rush Benjamin...
Page 325 - Every bill shall be read on three different days in each House, unless, in case of urgency, three-fourths of the House where such bill is so depending, shall deem it expedient to dispense with this rule : and every bill having passed both Houses, shall be signed by the Speakers of their respective Houses. SEC. 18. The style of the laws of this State shall be: "Be it enacted by the General Assembly of the State of Ohio.
Page 307 - ... shall have been elected, and he shall not receive within that period any other emolument from the United States, or any of them. 8. Before he enter on the execution of his office he shall take the following oath or affirmation: "I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will, to the best of my ability, preserve, protect, and defend the Constitution of the United States.
Page 324 - Jiach house during the session, may punish, by imprisonment, any person, not a member, for disrespectful or disorderly behavior in its presence, or for obstructing any of its proceedings provided that such imprisonment shall not, at any one time, exceed forty-eight hours.
Page 307 - States; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices; and he shall have power to grant reprieves and pardons for offences against the United States, except in cases of impeachment.