The Southern Reporter, Volume 19West Publishing Company, 1896 - Law reports, digests, etc |
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Common terms and phrases
action administrator adverse possession Affirmed alleged amount Appeal from circuit appellant appellee assignment attachment authority averred Bank bill of exceptions bond cause chancery court charge circuit court claim Code Company complainant Conecuh county contract conveyance corporation cotton counsel Court of Alabama creditors damages debt debtor deceased decree deed of trust defendant defendant's demurrer dence detinue error erty evidence execution facts fendant filed fraud ground heirs Henry county indictment injury insolvent interest intestate issue Jefferson county Judge judgment jury land liability Louisiana Lumber ment Miss mortgage motion non est factum overruled owner paid parties payment person petition plaintiff plea pleaded possession purchase question Railroad refused rendered Reversed rule sold South statute sued suit Supreme Court testator testified testimony thereof tiff tion trespass trial verdict wife witness writ
Popular passages
Page 174 - Bank of Augusta v. Earle, 13 Pet. 519, it is said that "a corporation can have no legal existence out of the boundaries of the sovereignty by which it is created. It exists only in contemplation of law, and by force of the law; and where that law ceases to operate, and is no longer obligatory, the corporation can have no existence. It must dwell in the place of its creation, and cannot migrate to another sovereignty.
Page 174 - It must dwell in the place of its creation, and cannot migrate to another sovereignty. But although it must live and have its being in that state only, yet it does not by any means follow that its existence there will not be recognized in other places ; and its residence in one state creates no insuperable objection to its power of contracting in another.
Page 385 - ... the plaintiff must recover upon the strength of his own title, and not upon the weakness of that of the defendant...
Page 11 - The evidence, consisting as it does in the mere repetition of oral statements, is subject to much imperfection and mistake; the party himself being misinformed, or not having clearly expressed his own meaning, or the witness having misunderstood him.
Page 252 - Their motion is grounded on the claim that the verdict of the jury is contrary to the law and evidence...
Page 208 - ... 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 167 - Provided always, that no such execution shall issue against any shareholder except upon an order of the Court in which the action, suit, or other proceeding shall have been brought or instituted, made upon motion in open court after sufficient notice in writing to the persons sought to be charged ; and upon such motion such Court may order execution to issue accordingly...
Page 58 - I believe, in the laws of all civilised nations, that if a man, either by words or by conduct, has intimated that he consents to an act which has been done, and that he will offer no opposition to it, although it could not have been lawfully done without his consent, and he thereby induces others to do that from which they...
Page 325 - ... the party of the first part. The party of the second part...
Page 47 - It is ordered, that the judgment of the Circuit Court be reversed, and the cause remanded for another trial thereof.