Southern Reporter, Volume 19West Publishing Company, 1896 - 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 administrator adverse possession Affirmed alleged amount Anniston Appeal from circuit appellant appellee assignment attachment authority averred Bank bill of exceptions bond cause chancellor 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 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 178 - 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 178 - 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. It is indeed a mere artificial being, invisible and intangible ; yet it is a person, for certain purposes in contemplation of law, and has been recognized as such by the decisions of this court.
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 178 - It is very true 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 212 - ... 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 214 - If after the hearing of any cause, or after a jury trial resulting in a verdict for the plaintiff, the court shall be of opinion that the plaintiff is entitled to a decree annulling the marriage, or to a decree for divorce from the bonds of matrimony, a decree nisi shall be entered.
Page 329 - ... the party of the first part. The party of the second part...
Page 60 - 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 303 - ... insurance company, whether any of such acts shall be done at the instance or request, or by the employment of such insurance company, or of or by any broker or other person, shall be held to be the agent of the company for which the act is done...
Page 60 - I am of opinion that, generally speaking, if a party having an interest to prevent an act being done has full notice of its having been done, and acquiesces in it, so as to induce a reasonable belief that he consents to it, and the position of others is altered by their giving credit to his sincerity, he has no more right to challenge the act to their prejudice than he would have had if it had been done by his previous license.