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action administrator Affirmed alleged amount answer appeal appellee assigned averred bill bond cause chancery court circuit court claim Code complainant contract contributory negligence convicts Court of Alabama court of equity creditors damages death debt deceased decree deed defendant defendant's demurrer dence detinue duty Duval county entitled equity error evidence execution F. B. Pickering fact fee simple fendant filed gun club heirs injury interest intestate issue judge judgment land lien lron Macon county ment mortgage negligence Orleans overruled paid parties payment person plaintiff plea pleadings possession promissory notes purchase question Railroad reason received record refused remainder rendered rule Smaw sold South statute sued suit Supreme Court testator testified testimony thereof tiff tion trial trust usury verdict wife William witness writ
Page 399 - Respondent moved for a new trial on the grounds that the verdict was contrary to the weight of the evidence, that it was a compromise verdict, and that the damages allowed were inadequate.
Page 372 - Future estates are either vested or contingent. They are vested when there is a person in being who would have an immediate right to the possession of the lands upon the ceasing of the intermediate or precedent estate. They are contingent while the person to whom, or the event upon which, they are limited to take effect, remains uncertain.
Page 120 - It is that state of the case, which, after the entire comparison and consideration of all the evidence, leaves the minds of the jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge.
Page 420 - ... if the interest of the insured be other than unconditional and sole ownership; or if the subject of insurance be a building on ground not owned by the insured in fee simple...
Page 96 - to be held and enjoyed by her during her natural life, and after her death to be equally divided among her children, if she shall leave children, and if not then to be equally divided among my other children, to be held by them in the manner before described.
Page 376 - JS in fee, to the use of A. for life, remainder to the use of his first son unborn in tail, •with remainder to the use of B.
Page 104 - when a person of sound memory and discretion unlawfully killeth any reasonable creature in being, and under the king's peace, with malice aforethought, either express or implied.
Page 374 - B's is a vested remainder, which nothing can defeat or set aside. Contingent or executory remainders (whereby no present interest passes) are where the estate in remainder is limited to take effect, either to a dubious and uncertain person, or upon a dubious and uncertain event; so that the particular estate may chance to be determined, and the remainder never take effect.
Page 314 - ... 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 178 - The constitutional liberty of speech and of the press, as we understand it, implies a right to freely utter and publish whatever the citizen may please, and to be protected against any responsibility for so doing, except so far as such publications, from their blasphemy, obscenity, or scandalous character, may be a public offence, or as by their falsehood and malice they may injuriously affect the standing, reputation, or pecuniary interests of individuals.