Reports of Cases Argued and Determined in the Supreme Court of Alabama, Volume 111 (Google eBook)

Front Cover
0 Reviews
  

What people are saying - Write a review

We haven't found any reviews in the usual places.

Common terms and phrases

Popular passages

Page 67 - 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 : (a) " If the jury believe the evidence, they must find in favor of the deWoodward Iron Co. v. Herndon. (Ns) fendant upon the first count of the complaint." (b) " If the jury believe the evidence, the y must find for the defendant...
Page 395 - In this action the plaintiff must recover on the strength of his own title, not on the weakness of that of his adversary.
Page 152 - ... for a new trial on the ground, among others, that the verdict was excessive; appearing to have been given under the influence of passion and prejudice.
Page 91 - A doubt, to justify an acquittal, must be reasonable, and it must arise from a candid and impartial investigation of all the evidence in the case; and unless it is such that, were the same kind of doubt interposed in the graver transactions of life, it would cause a reasonable and prudent man to hesitate and pause, it is insufficient to authorize a verdict of not guilty. If, after considering all the evidence, you can say you have an abiding conviction of the truth of the charge, you are satisfied...
Page 519 - To the second and third counts the defendant demurred on the ground that there was a misjoinder of causes of action...
Page 366 - Rachel, one third of all my estate, real and personal, during her natural life and at her decease to be equally divided between my sons Nathaniel and Caleb to my daughter Betsey Holmes, wife of William Holmes the use of 65 during her natural life...
Page 472 - Upon the return of a verdict for the defendant, the plaintiff made a motion for a new trial upon several grounds, which was overruled, but it is unnecessary to set out these grounds in detail.
Page 219 - Susan, to be held, used, and enjoyed by her during her natural life, and after her death to be equally divided between * * * our children.
Page 42 - 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: (1) "If the jury believe the evidence in this case, they must find a verdict for the defendant." (2) "If the jury believe the evidence in this case, they must find a verdict for the defendant under the first count of the complaint.
Page 113 - If the principal could abide by his contract, and the surety repudiate it, the strange result would be produced, that the principal would retain the fruits of the contract, whilst the surety would avoid the performance of his obligation, on the ground of its invalidity, in direct opposition to the acts of his principal, admitting that the contract was valid.

Bibliographic information