Digest of Cases Decided and Reported in the Supreme Court of the State of Alabama: From 1st Alabama Reports to 7th Porter Inclusive : with the Rules of Court and Practice, and a Table of Titles and Cases : to which are Appended, the Declaration of Independence, the Constitution of the United States, the Act to Enable the People of Alabama to Form a Constitution and State Government, &c., the Constitution of the State of Alabama, and the Fee Bill Established by Law |
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Página 82
V . Pleading and Evidence . 40 . The permission to withdraw the plea of the
general issue to plead in abatement or demur , is discretionary with the court
even in criminal cases . State v . Williams 3 S . 454 . 41 . Under an indictment
charging an ...
V . Pleading and Evidence . 40 . The permission to withdraw the plea of the
general issue to plead in abatement or demur , is discretionary with the court
even in criminal cases . State v . Williams 3 S . 454 . 41 . Under an indictment
charging an ...
Página 208
After the pleading to the issue , it is too late to raise an objection , that certain
counts were not properly inserted in the ... Defendant may plead non est factum ,
and a special plea that the name and seal of one of the obligors had been
cancelled ...
After the pleading to the issue , it is too late to raise an objection , that certain
counts were not properly inserted in the ... Defendant may plead non est factum ,
and a special plea that the name and seal of one of the obligors had been
cancelled ...
Página 209
A defendant , when sued on a bond or note , is not compelled to plead non est
factum generally , verified by an absolute affidavit ; but he may elect to set forth in
a special plea , the particular facts and circumstances which amount to a denial
of ...
A defendant , when sued on a bond or note , is not compelled to plead non est
factum generally , verified by an absolute affidavit ; but he may elect to set forth in
a special plea , the particular facts and circumstances which amount to a denial
of ...
Página 220
advantage of by pleading the pendency of the first suit in bar , to those sub .
sequently pleaded . De Sylva v . Henry , 3 P , 21 . 41 . Writ must be executed and
returned in the name of the sheriff . Land v . Patterson , A . R . 14 . l Greenlee v .
advantage of by pleading the pendency of the first suit in bar , to those sub .
sequently pleaded . De Sylva v . Henry , 3 P , 21 . 41 . Writ must be executed and
returned in the name of the sheriff . Land v . Patterson , A . R . 14 . l Greenlee v .
Página 242
A deposit in bank by a principal , is subject only to his check , and cannot be
pleaded by his security in bank , as a payment or set ... X set - off cannot be plead
to a cotton receipt in the hands of an innocent indorsee , without notice of a
demand ...
A deposit in bank by a principal , is subject only to his check , and cannot be
pleaded by his security in bank , as a payment or set ... X set - off cannot be plead
to a cotton receipt in the hands of an innocent indorsee , without notice of a
demand ...
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Términos y frases comunes
action administrator admissible agreement allowed amended amount appear applied assigned attachment authority aver bank bill bond cause certificate chancery charge circuit claim clerk common consideration constitution contract copy costs county court court creditor damages debt decree deed defendant demand demurrer directed discharge elected entered entitled equity establish et al evidence execution fact filed give given granted held Ibid indorser interest issue judge judgment jurisdiction jury justice lands liable matter ment motion necessary notice original paid parol party payment person plaintiff plea plead possession president proceedings proof proper prove purchase received record recover rendered representatives rule seal sheriff slave statute sufficient suit supreme court sustain taken term thereof tion trial trust United unless vendee verdict witness writ of error
Pasajes populares
Página 299 - He is at this time transporting large armies of foreign mercenaries to complete the works of death, desolation, and tyranny, already begun with circumstances of cruelty and perfidy, scarcely paralleled in the most barbarous ages, and totally unworthy the head of a civilized nation.
Página 325 - No Senator or Member of Assembly, shall, during the term for which he shall have been elected, be appointed to any civil office of profit under this State, which shall have been created, or the emoluments of which shall have been increased during such term, except such offices as may be filled by elections by the people.
Página 327 - ... in case of disagreement between the two houses with respect to the time of adjournment, adjourn them to such time as he shall think proper, not beyond the time of their next annual session.
Página 299 - Nor have we been wanting in attentions to our British Brethren We have warned them from Time to Time of attempts by their Legislature to extend an unwarrantable Jurisdiction over us...
Página 322 - The powers of the government of the State of Alabama shall be divided into three distinct departments; and each of them confided to a separate body of magistracy to wit, those which are legislative, to one; those which are executive to another, and those which are judicial to another.
Página 300 - NEW JERSEY Richard Stockton John Witherspoon Francis Hopkinson John Hart Abraham Clark PENNSYLVANIA Robert Morris Benjamin Rush Benjamin...
Página 325 - Every bill shall be read on three different days in each House, unless, in case of urgency, three-fourths of the House where such bill is so depending, shall deem it expedient to dispense with this rule : and every bill having passed both Houses, shall be signed by the Speakers of their respective Houses. SEC. 18. The style of the laws of this State shall be: "Be it enacted by the General Assembly of the State of Ohio.
Página 307 - ... shall have been elected, and he shall not receive within that period any other emolument from the United States, or any of them. 8. Before he enter on the execution of his office he shall take the following oath or affirmation: "I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will, to the best of my ability, preserve, protect, and defend the Constitution of the United States.
Página 324 - Jiach house during the session, may punish, by imprisonment, any person, not a member, for disrespectful or disorderly behavior in its presence, or for obstructing any of its proceedings provided that such imprisonment shall not, at any one time, exceed forty-eight hours.
Página 307 - States; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices; and he shall have power to grant reprieves and pardons for offences against the United States, except in cases of impeachment.
Información bibliográfica
| Título | Digest of Cases Decided and Reported in the Supreme Court of the State of Alabama: From 1st Alabama Reports to 7th Porter Inclusive : with the Rules of Court and Practice, and a Table of Titles and Cases : to which are Appended, the Declaration of Independence, the Constitution of the United ... |
| Autor | Philip Phillips |
| Colaborador | Alabama. Supreme Court |
| Editor | R.R. Dade and J.S. Kellogg, 1840 |
| Largo | 350 páginas |
| Exportar cita | BiBTeX EndNote RefMan |