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action Affirmed Alabama alleged allowed amended amount answer appeal appellee application assignment authority averred bank bill bond cause Cent charge circuit court claim Code complainant concur Constitution contract convicted counsel Criminal damages debt deceased decree deed defendant defendant's demurrer denied district duty entitled error evidence exceptions execution fact fendant filed follows further give given ground held hold injury instruction interest issue judge judgment jury land matter ment Miss mortgage motion negligence Note.-For notice objection overruled paid parties payment person plaintiff plea possession present proper purchase question railroad reason received record referred refused rendered reported Reversed rule shown signed South statement statute sufficient suit Supreme Court sustained taken term testified testimony tion trial verdict witness
Page 286 - 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.
Page 254 - CD, of , party of the second part, witnesseth, that the said parties of the first part, for and in consideration of the sum of ten thousand dollars, lawful money of the United States of America, to them in hand paid by the said party of the second part...
Page 138 - The judicial power of the State shall be vested in the Senate sitting as a court of impeachment, a Supreme Court, Circuit Courts, Chancery Courts, Courts of Probate, such...
Page 408 - And for the purpose of such recovery, any court of bankruptcy, as hereinbefore defined, and any State court which would have had jurisdiction if bankruptcy had not intervened, shall have concurrent jurisdiction.
Page 445 - Third, under color of a known election or appointment, void because the officer was not eligible, or because there was a want of power in the electing or appointing body, or by reason of some defect or irregularity in its exercise, such ineligibility, want of power, or defect being unknown to the public. Fourth, under color of an election or appointment by or pursuant to a public unconstitutional law, before the same is adjudged to be such.
Page 351 - February succeeding the meeting of the electors, the certificates shall be opened by the President of the Senate, in the presence of the Senate and the House of Representatives, the votes counted, and the persons who shall fill the office of President and of Vice-President ascertained and declared agreeably to the Constitution.
Page 288 - If an injury has resulted in consequence of a certain wrongful act or omission, but only through or by means of some intervening cause, from which last cause the injury followed as a direct and immediate consequence, the law will refer the damage to the last or proximate cause, and refuse to trace it to that which was more remote.
Page 206 - It is quite true that generally in ejectment or actions for the possession of real property the plaintiff must recover, if at all, upon the strength of his own title, and not upon the weakness of that of his adversary.
Page 293 - No trust concerning lands, except such as results by Implication or construction of law, or which may be transferred or extinguished by operation of law, can be created, unless by Instrument in writing, signed by the party creating or declaring the same, or his agent or attorney lawfully authorized thereto In writing.