Reports of Cases Argued and Determined in the Supreme Court of Alabama, Volume 7

West Publishing Company, 1845

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Página 163 - ... unless the promise or 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, or some other person by him thereunto lawfully authorized.
Página 25 - We may lay it down as a broad general principle, that, wherever one of two innocent persons must suffer by the acts of a third, he who has enabled such third person to occasion the loss must sustain it.
Página 561 - Where there is any defect, imperfection, or omission in any pleading, whether in substance or form, which would have been a fatal objection upon demurrer; yet if the issue joined be such as necessarily required on the trial proof of the facts so defectively...
Página 20 - Mobile could be amended to conform to the true name given in the declaration as the Branch of the Bank of the State of Alabama at Mobile.
Página 163 - That no action shall be brought .... whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person .... unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing...
Página 431 - that the law of the place where the contract is made is to determine the rate of interest when the contract specifically gives interest; and this will be the case though the loan be secured by a mortgage on lands in another State, unless there be circumstances to show that the parties had in view the laws of the latter place in respect to interest. When that is the case, the rate of interest of the place of payment is to govern.
Página 557 - An act supplementary to the several acts for the adjustment of land claims in the state of Louisiana," approved the llth May, 1820, and for other purposes, Feb.
Página 222 - And, on the other hand, where the accounts are all on one side, and no discovery is sought, or required...
Página 338 - All persons whatsoever, residing in any State, District or Territory of the United States, owing debts which shall not have been created in consequence of a defalcation as a public officer ; or as executor, administrator, guardian or trustee, or while acting in any other fiduciary capacity...
Página 573 - In civil cases evidence of general character is not admitted unless the nature of the action involves the general character of the party, or goes directly to affect it.

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