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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 38
Alabama. Supreme Court
Visualização completa - 1867
Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 137
Alabama. Supreme Court
Visualização completa - 1903
Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 143
Visualização completa - 1906
action administrator Alabama alleged amended amount appellant appellee asserted assessment assigned as error auditor authority averments bond cause certified chancellor Chancery Court charge Circuit Court city council claim Code complainant contract conveyance conveyed court of equity creditors cross-bill debt deceased declared decree deed defendant demurrer detinue devised Durr duty equity evidence execution executor facts filed Flash Brothers foreclosure fraud Hale Counties homestead husband indorsed intended interest intestate Jackson County judgment jurisdiction jury lands levy liability lien mandamus ment misjoinder Montgomery mortgage mortgagor Munter & Brother notice overruled paid parties payment Perry County plaintiff possession probate Probate Court proceedings promissory note provisions purchase railroad received record refused rendered rents and profits settlement statute statute of limitations statutory sued suit surety term testator testified thereof tion trust usury valid void wife witness
Página 631 - The result is a conviction that the states have no power, by taxation or otherwise, to retard, impede, burden, or in any manner control the operations of the constitutional laws enacted by Congress to carry into execution the powers vested in the general government.
Página 201 - It means that no person or class of persons shall be denied the same protection of the laws which is enjoyed by other persons or other classes in the same place and under like circumstances.
Página 631 - State within which the association is located; but the Legislature of each State may determine and direct the manner and place of taxing all the shares of national banking associations located within the State, subject only to the two restrictions that the taxation shall not be at a greater rate than is assessed upon other moneyed capital in the hands of individual citizens of such State...
Página 198 - If, when the unconstitutional portion is stricken out, that which remains is complete in itself, and capable of being executed in accordance with the apparent legislative intent, wholly independent of that which was rejected, it must be sustained.
Página 168 - J. I am unable to concur in the opinion of the majority of the court. It...
Página 198 - Ed.) p. 246, as follows: •'Where, therefore, a part of a statute Is unconstitutional, that fact does not authorize the courts to declare the remainder void also, unless all the provisions are connected In subject-matter, depending on each other, operating together for the same purpose, or otherwise so connected together In meaning that It cannot be presumed the Legislature would have passed the one without the other.
Página 456 - It Is certainly a maxim that all evidence is to be weighed according to the proof which it was in the power of one side to have produced, and in the power of the other to have contradicted.
Página 569 - The evidence being closed, the defendant's counsel asked the court to instruct the jury as follows: " If the jury find from the evidence that the plaintiff knew...
Página 151 - But many regulations are made by statute, designed for the information of assessors and officers, and intended to promote method, system and uniformity in the modes of proceeding, the compliance or non-compliance with which, does in no respect affect the rights of tax-paying citizens. These may be considered directory; officers may be liable to legal animadversion, perhaps to punishment, for not observing them; but yet their observance is not a condition precedent to the validity of the tax.