Southern Reporter, Volume 107
West Publishing Company, 1926 - Law reports, digests, etc
Includes the decisions of the Supreme Courts of Alabama, Florida, Louisiana, and Mississippi, the Appellate Courts of Alabama and, Sept. 1928/Jan. 1929-Jan./Mar. 1941, the Courts of Appeal of Louisiana.
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action Affirmed agreement alleged amended amount answer appeal appellee application association attorney authority bank bill bonds building cause charge Circuit Court claim Code complainant considered Constitution construction contract conviction cotton counsel Criminal damages death deceased decree defendant defendant's denied district duty effect equity error evidence exceptions executed fact fees filed follows further give given granted ground held instruction interest issue judge judgment jurisdiction jury Key-Numbered land matter ment Miss mortgage motion negligence objection opinion owner paid parish parties person plaintiff possession present proceedings proper prosecution purchase question railroad reason record refused relation rendered Reversed roads rule sold statute sufficient suit Supreme Court taken term testimony thereof tion trial verdict wife witness writ
Page 431 - Though the law itself be fair on its face and impartial in appearance, yet, if it is applied and administered by public authority with an evil eye and an unequal hand, so as practically to make unjust and illegal discriminations between persons in similar circumstances, material to their rights, the denial of equal justice is still within the prohibition of the Constitution.
Page 232 - ... shall have power to waive any provision or condition of this policy except such as by the terms of this policy may be the subject of agreement indorsed hereon or added hereto, and as to such provisions and conditions no officer, agent, or representative shall have such power or be deemed or held to have waived such provisions or conditions unless such waiver, if any, shall be written upon or attached hereto...
Page 88 - The equal protection clause of the Fourteenth Amendment does not take from the state 107 SOUTHERN REPORTER the power to classify in the adoption of police laws, but admits of the exercise of a wide scope of discretion in that regard, and avoids what is done only when it is without any reasonable basis and therefore is purely arbitrary.
Page 261 - In considering the operation of this Judgment, It should be borne In mind, as stated by counsel, that there Is a difference between the effect of a judgment as a bar or estoppel against the prosecution of a second action upon the same claim or demand, and Its effect as an estoppel In another action between the same parties upon a different claim or cause of action.
Page 267 - That in all cases in which any particular number of days, not expressed to be clear days, is prescribed by the rules or practice of the courts, the same shall be reckoned exclusively of the first day and inclusively of the last day...
Page 14 - ... of said persons whether the other be living or not; and the receipt or acquittance of the person so paid shall be a valid and sufficient release and discharge to the bank for any payment so made.
Page 262 - But where the second action between the same parties is upon a different claim or demand, the judgment in the prior action operates as an estoppel only as to those matters in issue or point controverted, upon the determination of which the finding or verdict was rendered.
Page 347 - ... (3) powers which he might have exercised for his own benefit, but not those which he might have exercised for some other person; ... (5) 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 204 - Upon these accounts, the trial by jury ever has been, and I trust ever will be, looked upon as the glory of the English law. And if it has so great an advantage over others in regulating civil property, how much must that advantage be heightened when it is applied to criminal cases...
Page 179 - The jurisdiction exercised by courts of equity over the dealings of persons standing in certain fiduciary relations has always been regarded as one of a most salutary description. The principles applicable to the more familiar relations of this character have been long settled by many well-known decisions, but the courts have always been careful not to fetter this useful jurisdiction by defining the exact limits of its exercise.