Southern Reporter, Volumen51West Publishing Company, 1910 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. |
Dentro del libro
Resultados 1-5 de 100
Página 29
... plea . Said plea does not deny , or confess and avoid , the allega- tions of the complaint . It does not answer the allegations , contained in each count , which attempted to set out the facts show- ing that the plaintiff was not only ...
... plea . Said plea does not deny , or confess and avoid , the allega- tions of the complaint . It does not answer the allegations , contained in each count , which attempted to set out the facts show- ing that the plaintiff was not only ...
Página 36
... plea of non est fac- tum was interposed ; also a plea of the stat- ute of frauds . The The assignments of error referred to are as follows : " ( 3 ) The court erred in sustain- ing defendant's objection to the following question ...
... plea of non est fac- tum was interposed ; also a plea of the stat- ute of frauds . The The assignments of error referred to are as follows : " ( 3 ) The court erred in sustain- ing defendant's objection to the following question ...
Página 42
... plea of non est factum , and that under that and the general issue it could certainly have interposed all the defenses which it could have interposed under any one of the special pleas eliminated by the ruling on the demurrer . The ...
... plea of non est factum , and that under that and the general issue it could certainly have interposed all the defenses which it could have interposed under any one of the special pleas eliminated by the ruling on the demurrer . The ...
Página 57
... plea of estoppel , and prayed that she have judgment decreeing the sale of the succession property attacked in the suit be decreed null and void and the title thereto still vested in the succession of Jos . Robert , deceased , and ...
... plea of estoppel , and prayed that she have judgment decreeing the sale of the succession property attacked in the suit be decreed null and void and the title thereto still vested in the succession of Jos . Robert , deceased , and ...
Página 140
... plea in equity must be of matters not alleged in the bill , must be di- rect and positive , must not state matters by way of argument , reference , or conclusion , and must state facts necessary to render the plea a com- plete equitable ...
... plea in equity must be of matters not alleged in the bill , must be di- rect and positive , must not state matters by way of argument , reference , or conclusion , and must state facts necessary to render the plea a com- plete equitable ...
Otras ediciones - Ver todas
Términos y frases comunes
action Affirmed alleged amended amount APPEAL AND ERROR Appeal from Circuit appellee authority avers bank bill Birmingham cause Cent Chancery Court charge Circuit Court claim Claude L'Engle Code complainant contract contributory negligence corporation count Court of Alabama CRIMINAL LAW damages David Linton deceased decree deed defendant defendant's Delcambre demurrer dence DOWDELL duty employé engine equity estoppel evidence fact fendant filed heirs indictment injury insured interpleader intestate Jefferson county Judge judgment jury land liable Louisiana Lumber MASTER AND SERVANT matter ment Miss mortgage motion municipality negligence Note Note.-For opinion ordinance overruled paid parish parties person plaintiff plaintiff in error plea pleading purchase question railroad reason refused Reversed and remanded rule South statute street suit Supreme Court sustained testified testimony thereof tiff timber tion trial court verdict Walter Guion witness
Pasajes populares
Página 25 - Those rivers must be regarded as public navigable rivers in law which are navigable in fact. And they are navigable in fact when they are used, or are susceptible of being used, in their ordinary condition, as highways for commerce, over which trade and travel are or may be conducted in the customary modes of trade and travel on water.
Página 301 - It is claimed by some recent writers that it was not the intention of the framers of the Constitution to confer...
Página 333 - ... any telegraph company now organized, or which may hereafter be organized under the laws of any State in this Union, shall have the right to construct, maintain, and operate lines of telegraph through and over any portion of the public domain of the United States...
Página 164 - A thing may be within the letter of a statute and not within its meaning, and within its meaning though not within its letter. The intention of the lawmaker is the law.
Página 404 - Code of 1954, with interest thereon as required by law, then this obligation shall be void; otherwise It shall be and remain In full force and effect.
Página 212 - Signed, sealed, published and declared by the said John Alden, 2nd, as and for his last will and testament, in the presence of us, who, at his request, and in his presence, and in the presence of each other have subscribed our names as witnesses the day and year above written.
Página 378 - Company's messengers, he acts for that purpose as the agent of the sender. "Messages will be delivered free within the established free delivery limits of the terminal office. For delivery at a greater distance, a special charge will be made to cover the cost of such delivery.
Página 156 - Municipal and other corporations and Individuals invested with the privilege of taking private property for public use shall make just compensation for property taken, injured or destroyed by the construction or enlargement of their works, highways or improvements, which compensation shall be paid or secured before such taking, injury or destruction.
Página 250 - If, therefore, a statute purporting to have been enacted to protect the public health, the public morals, or the public safety, has no real or substantial relation to those objects, or is a palpable invasion of rights secured by the fundamental law, it is the duty of the courts to so adjudge, and thereby give effect to the Constitution.
Página 151 - Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do.