Digest of Cases Decided and Reported in the Supreme Court of the State of Alabama: From 1st Alabama Reports to 7th Porter Inclusive : with the Rules of Court and Practice, and a Table of Titles and Cases : to which are Appended, the Declaration of Independence, the Constitution of the United States, the Act to Enable the People of Alabama to Form a Constitution and State Government, &c., the Constitution of the State of Alabama, and the Fee Bill Established by Law |
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Page viii
... defendant in error is entitled , at any time before the record is filed , and the errors assigned , to his judgment of affir- mance , on production of the proper certificate or citation . * 25. - 2d . Whenever a judgment shall be taken ...
... defendant in error is entitled , at any time before the record is filed , and the errors assigned , to his judgment of affir- mance , on production of the proper certificate or citation . * 25. - 2d . Whenever a judgment shall be taken ...
Page xi
... defendant shall specify in the consent rule , for what premises he intends to defend , and shall consent in such rule , to confess upon the trial , that the defendant , ( if he defends as ten- ant , or in case he defends as landlord ...
... defendant shall specify in the consent rule , for what premises he intends to defend , and shall consent in such rule , to confess upon the trial , that the defendant , ( if he defends as ten- ant , or in case he defends as landlord ...
Page xii
... defendant shall forthwith put in a full and sufficient answer . 7. A defendant may at any time move to dismiss a bill , or to dissolve an injunction , for want of equity . When exceptions to an answer for insufficiency have been filed ...
... defendant shall forthwith put in a full and sufficient answer . 7. A defendant may at any time move to dismiss a bill , or to dissolve an injunction , for want of equity . When exceptions to an answer for insufficiency have been filed ...
Page xiii
... defendant must , at the time of en- tering a motion to set aside an order or decree made on his de- fault , file with the clerk a full and sufficient answer . Re - hearing . 19. Any bill for discovery , in aid of a claim or defence at ...
... defendant must , at the time of en- tering a motion to set aside an order or decree made on his de- fault , file with the clerk a full and sufficient answer . Re - hearing . 19. Any bill for discovery , in aid of a claim or defence at ...
Page 10
... Defendant answers over— judgment on the plea will not be revised in the appellate court . Parks & Burke v . Greening , A. R. 178 . 12. Plea struck out as frivolous - Judgment should be to answer over immediately , and not final . Gibson ...
... Defendant answers over— judgment on the plea will not be revised in the appellate court . Parks & Burke v . Greening , A. R. 178 . 12. Plea struck out as frivolous - Judgment should be to answer over immediately , and not final . Gibson ...
Common terms and phrases
1bid action adm'r administrator admissible affidavit alledged amended appear assigned assumpsit authority aver bill bond cause certificate certiorari chancery charge circuit court claim clerk common law contract county court covenant creditor damages debt declaration decree deed defendant demurrer detinue discharge elected entitled equity evidence ex'r execution executor filed fraud garnishee Gayle granted held Huntsville Ibid indictment indorser issue judge judgment by default jurisdiction jury justice lands liable lien ment motion necessary non est factum notice nunc pro tunc parol party payable payment person plaintiff plaintiff in error plea in abatement plead possession president proceedings promissory note proof prosecuted prove purchase money record recover rendered scire facias seal sheriff shewn slave statute sued sufficient suit supreme court sureties sustain term thereof tion Tombecbee Bank transcript trespass trial trust try title vendee vendor verdict void witness writ of error
Popular passages
Page 299 - He is at this time transporting large armies of foreign mercenaries to complete the works of death, desolation, and tyranny, already begun with circumstances of cruelty and perfidy, scarcely paralleled in the most barbarous ages, and totally unworthy the head of a civilized nation.
Page 325 - No Senator or Member of Assembly, shall, during the term for which he shall have been elected, be appointed to any civil office of profit under this State, which shall have been created, or the emoluments of which shall have been increased during such term, except such offices as may be filled by elections by the people.
Page 327 - ... in case of disagreement between the two houses with respect to the time of adjournment, adjourn them to such time as he shall think proper, not beyond the time of their next annual session.
Page 299 - Nor have we been wanting in attentions to our British Brethren We have warned them from Time to Time of attempts by their Legislature to extend an unwarrantable Jurisdiction over us...
Page 322 - The powers of the government of the State of Alabama shall be divided into three distinct departments; and each of them confided to a separate body of magistracy to wit, those which are legislative, to one; those which are executive to another, and those which are judicial to another.
Page 300 - NEW JERSEY Richard Stockton John Witherspoon Francis Hopkinson John Hart Abraham Clark PENNSYLVANIA Robert Morris Benjamin Rush Benjamin...
Page 325 - Every bill shall be read on three different days in each House, unless, in case of urgency, three-fourths of the House where such bill is so depending, shall deem it expedient to dispense with this rule : and every bill having passed both Houses, shall be signed by the Speakers of their respective Houses. SEC. 18. The style of the laws of this State shall be: "Be it enacted by the General Assembly of the State of Ohio.
Page 307 - ... shall have been elected, and he shall not receive within that period any other emolument from the United States, or any of them. 8. Before he enter on the execution of his office he shall take the following oath or affirmation: "I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will, to the best of my ability, preserve, protect, and defend the Constitution of the United States.
Page 324 - Jiach house during the session, may punish, by imprisonment, any person, not a member, for disrespectful or disorderly behavior in its presence, or for obstructing any of its proceedings provided that such imprisonment shall not, at any one time, exceed forty-eight hours.
Page 307 - States; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices; and he shall have power to grant reprieves and pardons for offences against the United States, except in cases of impeachment.