Southern Reporter, Volume 94
West Publishing Company, 1923 - Law reports, digests, etc
Includes the decisions of the Supreme Courts of Alabama, Florida, Louisiana, and Mississippi, the Appellate Courts of Alabama and, Sept. 1928/Jan. 1929-Jan./Mar. 1941, the Courts of Appeal of Louisiana.
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action Affirmed agent agreement Alabama alleged amended amount appeal appellee application attorney authority averred Bank bill bond bureau cause charge Circuit Court claim Code complainant Constitution contract convicted corporation counsel deceased decree deed defendant defendant's demurrer denied Digests and Indexes district duty effect error evidence exception execution fact filed follows further give given ground held interest issue judge judgment jury Key-Numbered Digests land liquor matter ment Miss Mississippi motion necessary objection opinion paid parish parties person plaintiff plea possession presented proceeding proper purchase question rates reason received record reference refused relator remanded Reversed rule signed South statute sufficient suit Supreme Court testified testimony tion topic trial wife witness writ
Page 108 - All courts shall be open; and every man, for an injury done him in his lands, goods, person, or reputation, shall have remedy by due course of law, and right and justice administered, without sale, denial, or delay.
Page 110 - When we consider the nature and the theory of our institutions of government, the principles upon which they are supposed to rest, and review the history of their development, we are constrained to conclude that they do not mean to leave room for the play and action of purely personal and arbitrary power.
Page 410 - Every person in the service of another under any contract of hire, express or implied, oral or written, including aliens, and also including minors who are legally permitted to work under the laws of the state who, for the purposes of this act.
Page 111 - It would certainly be dangerous if the legislature could set a net large enough to catch all possible offenders, and leave it to the courts to step inside and say who could be rightfully detained, and who should be set at large. This would, to some extent, substitute the judicial for the legislative department of the government.
Page 341 - This can only be obviated by adhering to the rule that constitutional provisions for the security of person and property should be liberally construed. A close and literal construction deprives them of half their efficacy, and leads to gradual depreciation of the right, as if it consisted more in sound than in substance. It is the duty of courts to be watchful for the constitutional rights of the citizen and against any stealthy encroachments thereon.
Page 341 - US 385) have declared the importance to political liberty and to the welfare of our country of the due observance of the rights guaranteed under the Constitution by these two Amendments. The effect of the decisions cited is: that such rights are declared to be indispensable to the "full enjoyment of personal security, personal liberty and private property...
Page 226 - The company may make any payment provided for in this policy to any relative by blood or connection by marriage of the insured, or to any other person appearing to said company to be equitably entitled to the same by reason of having incurred expense in any way on behalf of the insured, for his or her burial or for any other purpose...
Page 341 - It may be that it is the obnoxious thing in its mildest and least repulsive form ; but illegitimate and unconstitutional practices get their first footing in that way, namely, by silent approaches and slight deviations from legal modes of procedDissenting Opinion : Shiras, Gray, White, JJ.
Page 59 - Laches, in legal significance, is not mere delay, but delay that works a disadvantage to another. So long as parties are in the same condition, it matters little whether one presses a right promptly or slowly, within limits allowed by law; but when, knowing his rights, he takes no...