Southern Reporter, Volume 1West Publishing Company, 1887 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 Alabama alleged amended amount Appeal from circuit appellant appellee applied authority bank bill of exceptions bona fide purchaser bonds chancery court charge circuit court claim Code complainant constitution contract convicted counsel Court of Alabama Court of Mississippi creditor damages debt deceased declaration decree deed defendant demurrer detinue district court entitled error Escambia county evidence execution executor fact favor February February 14 fendant filed fraud garnishee heirs held husband indictment issued judge judgment judicial Jule Jordan jurisdiction jury land liable lien Louisiana ment Micou Miss Mississippi mortgage motion N. W. Rep nunc pro tunc Orleans paid parties payment person plaintiff plea possession probate proceedings proof purchase question railroad record refused rendered rule secure sold statute suit Supreme Court taxes testator testimony thereof tion trial verdict wife witness writ
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Página 654 - the rule of law is clear, that, where one, by his words or conduct, wilfully causes another to believe in the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter, a different state of things, as existing at the same time.
Página 350 - That in actions by or against executors, administrators, or guardians, in which judgment may be rendered for or against them, neither party shall be allowed to testify against the other, as to any transaction with, or statement by, the testator, intestate, or ward, unless called to testify thereto by the opposite party, or required to testify thereto by the court.
Página 463 - QC moves for a continuance on the ground of the absence of a material witness.
Página 134 - ... such as may fairly and reasonably be considered either arising naturally, ie according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it.
Página 315 - ... the record of a judgment rendered in another State may be contradicted as to the facts necessary to give the court jurisdiction ; and if it be shown that such facts did not exist, the record will be a nullity, notwithstanding it may recite that they did exist ;" and that " want of jurisdiction may be shown either as to the subject-matter or the person, or, in proceedings in rem, as to the thing.
Página 151 - no action shall be brought whereby * * * to charge any person * * * upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them ; * * * unless the agreement upon which such action shall be brought, or some memorandum or note thereof shall be in writing, and signed by the party to be charged therewith...
Página 67 - ... when the governor of said state shall certify to the secretary of the interior that any twenty continuous miles of...
Página 131 - Where two parties have made a contract, which one of them has broken, the damages which the other party ought to receive, in respect of such breach of contract, should be such as may fairly and reasonably be considered either arising naturally, ie according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result...
Página 398 - For it is a general principle of the highest importance to the proper administration of justice that a judicial officer, in exercising the authority vested in him, shall be free to act upon his own convictions, without apprehension of personal consequences to himself.
Página 448 - it extends to the protection of the lives, limbs, health, comfort, and quiet of all persons, and the protection of all property within the State.