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action Affirmed agent Alabama alleged Amer Anniston appeal assigned as error attachment authority averments Brierfield cars cause Chancery Court charge Circuit Court cited claim Code Colbert county complainant contract contributory negligence conveyance count court of equity creditors damages debt deceased declared decree deed defect defendant defendant's demurrer detinue dollars duty employe enforce engine equity estoppel execution facts fendant filed fraud fraudulent guilty Henry Pearce homestead indictment injury intent intestate issue J. D. Collins judgment jurisdiction jury believe land levy lien mechanic's lien ment Midland Railway Montgomery mortgage motion Nancy Winston negligence overruled paid parties payment person plaintiff plea possession proof purchase purchase-money question R. A. Smith Railroad Co railroad company Railway reasonable recover rule sheriff sold statute statutory sued suit tending to show testified testimony tion tract transaction trial trustee uncoupling vendor verdict Walker wife Winston witness
Page 141 - 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 308 - It is a doctrine of law too long established to require a citation of authorities, that, where a court has jurisdiction, it has a right to decide every question which occurs in the cause, and whether its decision be correct or otherwise, its judgment, till reversed, is regarded as binding in every other court...
Page 146 - ... 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 215 - When personal injury is caused to an employee who is himself in the exercise of due care and diligence at the time: 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...
Page 119 - A contract of two or more competent persons, to place their money, effects, labor and skill, or some or all of them, in lawful commerce or business, and to divide the profit and bear the loss in certain proportions.
Page 215 - When the injury is caused by reason of the negligence of any person in the service or employment of the master or employer, who has any superintendence intrusted to him, whilst in the exercise of such superintendence.
Page 414 - 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 421 - It is an elementary principle of the law of evidence that the best evidence of which the case in its nature is susceptible...
Page 214 - When such injury is caused by reason of the negligence of any person in the service or employment of the master or employer who has the charge or control of any signal, points, locomotive, engine, switch, car, or train upon a railway, or of any part of the track of a railway.