Digest of the Decisions of the Supreme Court of the State of Alabama...from Minor to  Alabama Inclusive: from 160-180 Alabama reports and 1-10 Alabama appellate reports, with a reference index to the constitution of 1901, to the code of 1907, and some of the most important English and American ruling cases
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9 Ala admissible adverse possession agent alleged amendment appear assumpsit authority averments B'ham bill of exceptions bill of lading breach carrier cause of action charge claim Code common carrier common law complaint Constitution contract conveyance conviction corporation court of equity creditors criminal damages debt declared decree deed defendant defendant's demurrer dence detinue duty effect entitled equity error estoppel evidence execution fact fendant filed fraud garnishee grand jury guilty held indictment injury intent issue joinder judge judgment judicial jurisdiction jurors land liability liquors ment negligence offense officer owner party passenger person plaintiff plea plea in abatement pleading possession proceedings proof proper prosecution purchaser purpose question reason recover rendered rule statute statute of frauds sufficient suit Supreme Court testimony tion trial court verdict void wife witness writ
Page 76 - It must not be forgotten that you are not to extend arbitrarily those rules which say that a given contract is void as being against public policy, because if there is one thing which more than another public policy requires it is that men of full age and competent understanding shall have the utmost liberty of contracting, and that their contracts, when entered into freely and voluntarily, shall be held sacred, and shall be enforced by courts of justice.
Page 97 - It appears to us that the proper question for the jury in this case, and indeed in all others of the like kind, is, whether the damage was occasioned entirely by the negligence or improper conduct of the defendant, or whether the plaintiff himself so far contributed to the misfortune by his own negligence or want of ordinary and common care and caution, that, but for such negligence or want of ordinary care and caution on his part, the misfortune would not have happened.
Page 515 - The records and judicial proceedings of the courts of any State or Territory, or of any such country, shall be proved or admitted in any other court within the United States, by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, that the said attestation is in due form.
Page 121 - ... such as may fairly and reasonably be considered either arising naturally, ie according to the usual course of things from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it.
Page 175 - No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act.
Page 180 - ... after the agreement has been reduced into writing, it is competent to the parties, at any time before breach of it, by a new contract not in writing, either altogether to waive, dissolve, or annul the former agreement, or in any manner to add to, or subtract from, or vary, or qualify the terms of it, and thus to make a new contract, which is to be proved partly by the written agreement, and partly by the subsequent verbal terms engrafted upon what will be thus left of the written agreement.
Page 78 - What constitutes a holder in due course. — A holder in due course is a holder who has taken the instrument under the following conditions: (1) That it is complete and regular upon its face. (2) That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact. (3) That he took it in good faith and for value. (4) That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title...
Page 266 - In Sousa v. Pereira, 132 Cal. 77, [64 Pac. 90], it was held that "The plaintiff in ejectment must recover upon the strength of his own title, and not upon the weakness of his adversary's title; and where the plaintiff shows no title, the defendant in possession is entitled to judgment, regardless of whether he has acquired a prescriptive title by adverse possession or not.
Page 103 - There must be reasonable evidence of negligence. But where the thing is shown to be under the management of the defendant or his servants and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence in the absence of explanation by the defendant that the accident arose from want of care.
Page 69 - ... (3) have not been duly scheduled in time for proof and allowance, with the name of the creditor, if known to the bankrupt, unless such creditor had notice or actual knowledge of the proceedings in bankruptcy; or (4) were created by his fraud, embezzlement, misappropriation or defalcation while acting as an officer or in any fiduciary capacity...