The Southern Reporter, Volume 58West Publishing Company, 1912 |
From inside the book
Results 1-5 of 100
Page 13
... CONTRACTS ( 8 346 * ) - ACTION ON CONTRACT -RECOVERY ON QUANTUM MERUIT . There ought to be some strong equity to justify a ruling whereby a plaintiff who sues on a contract is allowed to recover on quantum meruit ; and one who sets up ...
... CONTRACTS ( 8 346 * ) - ACTION ON CONTRACT -RECOVERY ON QUANTUM MERUIT . There ought to be some strong equity to justify a ruling whereby a plaintiff who sues on a contract is allowed to recover on quantum meruit ; and one who sets up ...
Page 16
... contracts to deliver its yield to another does not thereby burden the land with a real servitude in favor of the obligee , but merely binds himself personally for the fulfillment of his contract , and , where he sells the land , it ...
... contracts to deliver its yield to another does not thereby burden the land with a real servitude in favor of the obligee , but merely binds himself personally for the fulfillment of his contract , and , where he sells the land , it ...
Page 17
... contract to be delivered to premature , the petition vague , no right , and plaintiff . no cause of action . In June following , there was a rumor that , despite the contract , defendant was negotiating with the owner of another re ...
... contract to be delivered to premature , the petition vague , no right , and plaintiff . no cause of action . In June following , there was a rumor that , despite the contract , defendant was negotiating with the owner of another re ...
Page 19
... contract is null tion , and that plaintiff cannot recover be- because if it contains a potestative condi- cause of a failure to put the defendant in mora . The facts sustain , in our opinion , the proposition that defendant , as made ...
... contract is null tion , and that plaintiff cannot recover be- because if it contains a potestative condi- cause of a failure to put the defendant in mora . The facts sustain , in our opinion , the proposition that defendant , as made ...
Page 20
... contract on plaintiff's part , and not the will of the plaintiff . The obligation , in con- sequence , did not depend solely on the exer- cise of the obligor's will . 2035 , Civil Code . A stipulation prompted by prudence may be ...
... contract on plaintiff's part , and not the will of the plaintiff . The obligation , in con- sequence , did not depend solely on the exer- cise of the obligor's will . 2035 , Civil Code . A stipulation prompted by prudence may be ...
Other editions - View all
Common terms and phrases
action adverse possession Affirmed Alabama alleged amended APPEAL AND ERROR Appeal from Circuit appellant appellee assignment attorney Atty authority avers bill Birmingham cause Cent chancery court charge Circuit Court claim Code Company complainant concur Constitution contract contributory negligence conveyance corporation Court of Alabama Court of Appeals court of equity CRIMINAL LAW damages decree deed defendant defendant's demurrer equity Escambia county evidence execution fact fendant filed Florida Gadsden county heirs held husband indictment injury issue Judge judgment jurisdiction jurors jury land liquor March 25 ment Miss mortgage motion negligence Note Note.-For overruled Parish parties payment person petition plaintiff plaintiff in error plea possession purchase purpose question railroad reason record Rehearing rendered rule South statute suit Supreme Court testified testimony thereof tion trial court trustee verdict wife witness writ
Popular passages
Page 123 - 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 94 - ... annexed, if there be a seal, together with a certificate of the presiding justice of the court of the county...
Page 330 - ... which shall be co-extensive with the State, under such restrictions and regulations, not repugnant to this Constitution, as may from time to time be prescribed by law.
Page 182 - ... for money had and received by the defendant for the use of the plaintiff...
Page 283 - ... the title of the bankrupt, as of the date he was adjudged a bankrupt, except in so far as it is to property which is exempt...
Page 58 - SECTION 1. The judicial power of the State shall be vested in the Senate, sitting as a court of impeachment, in a Supreme Court, District Courts of Appeal, Superior Courts, Justices of the Peace, and such inferior courts as the Legislature may establish in any incorporated city or town, or city and county.
Page 228 - No person shall recover damage from a railroad company for injury to himself or his property, where the same is done by his consent, or is caused by his own negligence. If the complainant and the agents of the company are both at fault, the former may recover, but the damages shall be diminished by the jury in proportion to the amount of default attributable to him.
Page 6 - ... 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 214 - ... may have been guilty of contributory negligence shall not bar a recovery where his contributory negligence was slight and that of the employer...
Page 319 - The supreme court, except as otherwise provided in this constitution, shall have appellate jurisdiction only, which shall be co-extensive with the state, and shall have a general superintending control over all inferior courts, under such regulations and limitations as may be prescribed by law.