Reports of Cases Argued and Determined in the Supreme Court of Alabama, Volume 138 |
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affirmative agreement Alabama alleged amended Anniston answer appeal appellee appraisers assigns as error averred bank Birmingham bond breach buggy Carbon Hill chancery court charges requested Circuit Court City Court claim complaint conductor contract contributory negligence cotton count court of equity creditors Crumpton D. F. Sullivan deceased decree deed defendant defendant's demurrer detinue duty Ency engine entitled equity execution facts fendant filed fire garnishee ground guilty habeas corpus Hanover Fire homestead exemptions horse indictment injunction injury issue judgment juror land levy ment misjoinder Montgomery mortgage motion murder negligence objection overruled paid parties payment person petition plaintiff pleaded probate purchase question railroad company reason recover damages rendered rule Sherrill shown Smith special pleas statute street sued sufficient suit sustained tending to show testified thereof ticket tiff timber tion train trial court Tuscumbia Tyson verdict Western Union wife witness
Popular passages
Page 491 - Under sub-section one of section one, unless the defect therein mentioned arose from, or had not been discovered or remedied owing to the negligence of the employer, or of some person in the service of the employer, and entrusted by him with the duty of seeing that the ways, works, machinery, or plant were in proper condition.
Page 122 - No person, or collection of persons, being of one of those d/epartments, shall exercise any power properly belonging to either of the others, except in the instances hereinafter expressly directed or permitted.
Page 114 - ... to connect the defendant with the commission of the offense; and the corroboration is not sufficient, if it merely shows the commission of the offense, or the circumstances thereof.
Page 491 - ... 1. By reason of any defect in the condition of the ways, works, machinery, or plant, connected with or used in the business of the employer which arose from or had not been discovered or remedied owing to the negligence of the employer or of any person in the service of the employer and intrusted by him with the duty of seeing that the ways, works, machinery, or plant, were in proper condition; 2.
Page 205 - ... shall first select a competent and disinterested umpire ; the appraisers together shall then estimate and appraise the loss, stating separately sound value and damage, and, failing to agree, shall submit their differences to the umpire; and the award in writing of any two shall determine the amount of such loss; the parties thereto shall pay the appraiser respectively selected by them and shall bear equally the expenses of the appraisal and umpire.
Page 382 - Upon tne introduction of all the evidence, the court, at the request of the plaintiff, gave to the jury the following written charges: (1) "The court charges the jury that, if they believe the evidence, they should flnd for the plaintiff.
Page 264 - The cause was tried by the court without the intervention of a Jury upon an agreed statement of facts, the substance of which is sufficiently stated in the opinion.
Page 475 - The evidence on the part of the defendant tended to show that the...
Page 206 - No suit or action on this policy, for the recovery of any claim, shall be sustainable in any court of law or equity until after full compliance by the insured with all the foregoing requirements, nor unless commenced within twelve months next after the fire.
Page 575 - Upon the introduction of all the evidence the defendant requested the court to give to the jury the following written charges, and separately excepted to the court's refusal to give each of them as asked...