Reports of Cases Argued and Determined in the Supreme Court of Alabama, Volume 88 |
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Common terms and phrases
action adverse possession affidavit affirmed agent agreement Alabama alleged amendment Amer amount appellant assigned as error Attorney-General authority averment bill of exceptions Chancery Court charge Circuit Court cited City Court claim Code complainant contract conveyance conviction corporation court of equity creditors debt deceased declared decree deed defendant defendant excepted defendant's demurrer duty dying declarations election evidence executed facts fendant filed garnishee Georgia Pacific Railway Goodbar Greenhut guilty held husband indictment issue judge judgment jurors jury believe land lien MCCLELLAN Memphis & Charleston ment mortgage mortgagor motion notice objection offense overruled paid parties payment person plaintiff plea possession probate promissory note proof prosecution provisions purchase purchase-money question Railroad Co Railroad Company reasonable record refused remanded rendered rent resulting trust rule set-off Smith statute statute of limitations statutory Stoelker suit testified testimony tion tract trial wife witness
Popular passages
Page 174 - Foolishness is bound in the heart of a child; but the rod of correction shall drive it far from him (xxii.
Page 594 - The test to determine whether one who renders service to another does so as a contractor or not is to ascertain whether he renders the service in the course of an independent occupation, representing the will of his employer only as to the result of his work, and not as to the means by which it is accomplished.
Page x - I charged your judges at that time, saying, Hear the causes between your brethren, and judge righteously between every man and his brother, and the stranger that is with him. Ye shall not respect persons in judgment ; but ye shall hear the small as well as the great : ye shall not be afraid of the face of man ; for the judgment is God's : and the cause that is too hard for you, bring it unto me, and I will hear it.
Page 440 - An act to appropriate lands for the support of schools in certain townships and fractional townships, not before provided for,' and which shall be subject to approval by the Secretary of the Interior.
Page 225 - We, the jury, find the defendant guilty as charged In the Indictment...
Page 11 - Remember, that for the wisest and most evident reasons, the merciful maxim of the law, which says that it is better that ninety-nine guilty men should escape, than that one innocent man should be punished...
Page 516 - ... under or by virtue of any contract with the owner or proprietor thereof, or his agent, trustee, contractor or subcontractor...
Page 219 - No free negro, free mulatto, or free person of mixed blood, descended from negro ancestors to the fourth generation inclusive (though one ancestor of each generation may have been a white person), shall vote for members of the Senate or House of Commons* SECTION 4.
Page 171 - But if the correction exceedeth the bounds of due moderation, either in the measure of it or in the instrument made use of for that purpose, it will be either murder or manslaughter according to the circumstances of the case.
Page 96 - When the prosecution relies foraconviction on circumstantial evidence alone, if there is one single fact proved to the satisfaction of the jury, by a preponderance of the evidence, which is inconsistent with defendant's guilt, this is sufficient to raise a reasonable doubt, and the jury should acquit.