The Southern Reporter, Volume 73West Publishing Company, 1917 - Law reports, digests, etc |
From inside the book
Results 1-5 of 100
Page 25
... ISSUE . In an action for the breach of a contract to buy goods which required the seller to give a free demonstration to the buyer , a denial that such demonstration was given was but the general issue and required no specific plea ...
... ISSUE . In an action for the breach of a contract to buy goods which required the seller to give a free demonstration to the buyer , a denial that such demonstration was given was but the general issue and required no specific plea ...
Page 31
... issue , and contributory negligence , and also filed a plea to the effect that the Birmingham Coca - Cola Bottling Company was jointly liable with the city , and a necessary party defendant , but had not been sued . Demurrer to this ...
... issue , and contributory negligence , and also filed a plea to the effect that the Birmingham Coca - Cola Bottling Company was jointly liable with the city , and a necessary party defendant , but had not been sued . Demurrer to this ...
Page 78
... issues thus made . The con- clusion of the court below on the evidence , which was delivered by the witnesses ore ... issue was joined . Plea 2 alleged that the defend- ant's driver did what resulted in damage count in case . [ 3 ] It ...
... issues thus made . The con- clusion of the court below on the evidence , which was delivered by the witnesses ore ... issue was joined . Plea 2 alleged that the defend- ant's driver did what resulted in damage count in case . [ 3 ] It ...
Page 89
... issue was join- ed " on general issue in short by consent , ' is conclusive , although the record shows special pleas stating defenses not available under the general issue . [ Ed . Note . - For other cases , see Appeal and Error , Cent ...
... issue was join- ed " on general issue in short by consent , ' is conclusive , although the record shows special pleas stating defenses not available under the general issue . [ Ed . Note . - For other cases , see Appeal and Error , Cent ...
Page 92
... issue was joined , it will be assumed that the issue so joined was on the amended complaint , and the several pleas and the record sufficiently shows that the pleas were interposed to the new count . [ Ed . Note . - For other cases ...
... issue was joined , it will be assumed that the issue so joined was on the amended complaint , and the several pleas and the record sufficiently shows that the pleas were interposed to the new count . [ Ed . Note . - For other cases ...
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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...