The Southern Reporter, Volume 73West Publishing Company, 1917 - Law reports, digests, etc |
From inside the book
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Page 9
... rule , but that every such instrument is to be construed like any other contract - by its own terms to carry out the intent of the parties . In the Freeman Case it appears that the timber to be cut on the land therein described , was ...
... rule , but that every such instrument is to be construed like any other contract - by its own terms to carry out the intent of the parties . In the Freeman Case it appears that the timber to be cut on the land therein described , was ...
Page 26
... rule , and is based on the assumption that parties do not intend to say one thing to be imme- diately contradicted by another . In accord- ance with this rule , we think the provision that the acceptance of the goods was sub- ject to ...
... rule , and is based on the assumption that parties do not intend to say one thing to be imme- diately contradicted by another . In accord- ance with this rule , we think the provision that the acceptance of the goods was sub- ject to ...
Page 32
... rule . The cases re- lied upon by appellant ( City of Warsaw v . Dunlap , 112 Ind . 576 , 11 N. E. 623 , 14 N. E. 568 ; McKee v . City of New York , supra ) are not at all analogous to the case here presented . The affirmative charge ...
... rule . The cases re- lied upon by appellant ( City of Warsaw v . Dunlap , 112 Ind . 576 , 11 N. E. 623 , 14 N. E. 568 ; McKee v . City of New York , supra ) are not at all analogous to the case here presented . The affirmative charge ...
Page 36
... rule of the common law , prevailing here in the absence of a statute require the state to elect as for which trans- changing it , that ' two or more misdemeanors , action it will seek a conviction . This for the growing out of separate ...
... rule of the common law , prevailing here in the absence of a statute require the state to elect as for which trans- changing it , that ' two or more misdemeanors , action it will seek a conviction . This for the growing out of separate ...
Page 37
... rule of construction be intended to mean more than [ 10 ] The rule governing the judicial con- struction as to an election in a criminal case , generally followed in this state has been often declared as before set forth , and , to ...
... rule of construction be intended to mean more than [ 10 ] The rule governing the judicial con- struction as to an election in a criminal case , generally followed in this state has been often declared as before set forth , and , to ...
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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...