The Southern Reporter, Volume 76West Publishing Company, 1918 - Law reports, digests, etc |
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Common terms and phrases
action adopted adverse possession Affirmed Alabama alleged amended Appeal from Circuit appellee applied authority averments Bank bill Birmingham cause Cent certiorari chancery court charge child circuit court claim Code Company complainant Constitution contract corporation Coun Court of Alabama court of equity creditors debt declared decree deed defendant defendant's demurrer Digests and Indexes district duty effect employé equity error evidence executed fact fendant filed Franek Grenada County held injury Jefferson county Judge judgment June 11 jurisdiction Key-Numbered Digests land Legislature liability Lumber MCCLELLAN ment Miss Mississippi mortgage negligence Note.-For opinion Orleans owner paid parish parties payment person plaintiff plea police jury probate probate court question railroad remanded rendered Reversed rule Safety Harbor South statute suit supra Supreme Court testator thereof tion topic and KEY-NUMBER trust wife witness
Popular passages
Page 320 - The trustee of the estate of a bankrupt, upon his appointment and qualification, and his successor or successors, if he shall have one or more, upon his or their appointment and qualification, shall in turn be vested by operation of law with the title of the bankrupt, as of the date he was adjudged a bankrupt, except in so far as it is to property which is exempt...
Page 4 - A person to whom a negotiable receipt has been duly negotiated acquires thereby: . (a) Such title to the goods as the person negotiating the receipt to him had or had ability to convey to a purchaser in good faith for value...
Page 439 - No foreign corporation shall do any business in this State without having at least one known place of business and an authorized agent or agents therein, and without filing with the Secretary of State a certified copy of its articles of incorporation or association.
Page 320 - ... property which prior to the filing of the petition he could by any means have transferred or which might have been levied upon and sold under judicial process against him...
Page 118 - Value is any consideration sufficient to support a simple contract. An antecedent or pre-existing debt constitutes value; and is deemed such whether the instrument is payable on demand or at a future time.
Page 331 - When perpetrated by any act imminently dangerous to others, and evincing a depraved mind, regardless of human life, although without any premeditated design to affect the death of any particular individual.
Page 345 - It is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers and no others: First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the accomplishment of the declared objects and purposes of the corporation — not simply convenient, but indispensable. Any fair, reasonable, substantial doubt concerning the existence of power is resolved...
Page 270 - Minor errors, even if quite obvious, or important errors if their existence be fairly doubtful, may be adhered to and repeated indefinitely; but the only treatment for a great and glaring error affecting the current administration of justice in all courts of original jurisdiction, is to correct it. When an error of this magnitude and which moves in so wide an orbit competes with truth in the struggle for existence, the maxim for a supreme court, supreme in the majesty of duty as well as in the majesty...
Page 405 - No county, city, township school district or other municipal corporation shall be allowed to become indebted in any manner or for any purpose to an amount, including existing indebtedness in the aggregate exceeding five per centum on the value of the taxable property therein, to be ascertained by the last assessment for State and county taxes previous to the incurring of such indebtedness.
Page 169 - National Bank of Muncie, one hundred and fifty dollars, with attorney's fees, value received, without any relief whatever from valuation or appraisement laws. The drawers and endorsers severally waive .presentment for payment, protest and notice of protest, and nonpayment of this note...