The Southern Reporter, Volume 73West Publishing Company, 1917 - Law reports, digests, etc |
From inside the book
Results 1-5 of 100
Page 10
... amended counts of the complaint , and the amendments do not appear in the record , the ruling of the lower court is presumptively correct . [ Ed . Note . For other cases , see Appeal and Error , Cent . Dig . § 3710 ; Dec. Dig . 918 ( 1 ) ...
... amended counts of the complaint , and the amendments do not appear in the record , the ruling of the lower court is presumptively correct . [ Ed . Note . For other cases , see Appeal and Error , Cent . Dig . § 3710 ; Dec. Dig . 918 ( 1 ) ...
Page 11
... amended on the 15th day of September , 1914. " The amendment to these counts does not appear in the record ; the ... amended on September 15 , 1914 ; but such counts as amended do not appear in the record , nor does any ruling of the ...
... amended on the 15th day of September , 1914. " The amendment to these counts does not appear in the record ; the ... amended on September 15 , 1914 ; but such counts as amended do not appear in the record , nor does any ruling of the ...
Page 14
... amended bill . The prayer is also appropriately amended so as to require the ascertainment of the area to which Mrs. Robertson would have been entitled if she were still alive . New grounds of demurrer are now assigned to the amended ...
... amended bill . The prayer is also appropriately amended so as to require the ascertainment of the area to which Mrs. Robertson would have been entitled if she were still alive . New grounds of demurrer are now assigned to the amended ...
Page 16
... amended peti- cial and peculiar interest in having the regulation were asserting the same right ; 1. e . , they tion exacting the fee set aside and annulled , there was no tenable objection to the joinder of the parents as petitioners ...
... amended peti- cial and peculiar interest in having the regulation were asserting the same right ; 1. e . , they tion exacting the fee set aside and annulled , there was no tenable objection to the joinder of the parents as petitioners ...
Page 20
... amended by additional proof as to a material part of complainant's case , The practice of setting aside submissions the former submission being allowed to stand , the when the cause has been held for decree , for 1 [ Ed . Note . - For ...
... amended by additional proof as to a material part of complainant's case , The practice of setting aside submissions the former submission being allowed to stand , the when the cause has been held for decree , for 1 [ Ed . Note . - For ...
Other editions - View all
Common terms and phrases
action adverse possession Affirmed agent Alabama alleged amended amount Anniston Appeal and Error Appeal from Circuit appellant appellee assignment assumpsit Atty authority averments Bank bill Birmingham bond cause Cent Chancery Court charge Circuit Court City claim Code Company complainant concur consignee contract convicted corporation count Court of Alabama CRIMINAL LAW damages deceased declaration decree deed defendant defendant's demurrer dence equity evidence fact fendant filed Homicide indictment injury issue joinder Judge judgment jury land liability lien liquor MCCLELLAN ment Miss Mobile county mortgage motion municipal negligence Note Note.-For offense overruling paid parties payment person plaintiff plaintiff in error plea Pleading prosecution question railroad reason recover refused replevin Reversed and remanded reversible error rule Shreveport South statute suit supra Supreme Court sustained testimony thereof tion trial court verdict witness
Popular passages
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.
Page 174 - State, shall charge, collect, demand or receive more than a fair and reasonable rate of toll or compensation, for the transportation of passengers or freight...