The Southern Reporter, Volume 77West Publishing Company, 1918 - Law reports, digests, etc |
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Common terms and phrases
action Affirmed agent Alabama alleged amount Appeal from Circuit appellant appellee assessment assignment authority aver bill Birmingham bond capital stock cause certiorari Chancery Court charge Circuit Court claim Code complainant Conecuh county Constitution contract corporation cotton Court of Appeals court of equity damages declaration decree deed defendant defendant's demurrer Digests and Indexes equity error evidence executed fact fendant filed Florida Hale county held Illinois Central Railroad issue Judge judgment jurisdiction jury Key-Numbered Digests land lease Lowry & Prince Lumber ment Miss Mississippi Mobile county mortgage negligence overruled owner paid pany parties payment person plaintiff plaintiff in error plea pleadings purchase question reason refused rule Shreveport South statute sued suit supra Supreme Court surety testimony thereof tiff timber tion topic and KEY-NUMBER turpentine usury witness writ
Popular passages
Page 54 - Remember the Sabbath day, to keep it holy. Six days shalt thou labour, and do all thy work: but the seventh day is the Sabbath of the Lord thy God: in it thou shalt not do any work, thou, nor thy son, nor thy daughter, thy manservant, nor thy maidservant, nor thy cattle, nor thy stranger that is within thy gates...
Page 424 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally...
Page 160 - ... 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, nor shall any privilege or permission affecting the insurance under this policy exist or be claimed by the insured unless so written or attached.
Page 137 - ... may reasonably be supposed to have been within the contemplation of the parties when the contract was made, as the probable result of its violation, and where, in both classes of cases, such profits can be shown with a reasonable degree of certainty.
Page 165 - This company shall not be held to have waived any provision or condition of this policy or any forfeiture thereof by any requirement, act, or proceeding on its part relating to the appraisal or to any examination herein provided for...
Page 33 - There is no power, the exercise of which is more delicate, which requires greater caution, deliberation' and sound discretion, or is more dangerous in a doubtful case, than the issuing an injunction.
Page 394 - ... any fact which clearly proves it to be against conscience to execute a judgment, and of which the injured party could not have availed himself in a court of law, or of which he might have availed himself at law, but was prevented by fraud or accident unmixed with any fault or negligence in himself or his agents, will justify an application to a court of chancery.
Page 239 - That no judgment shall be set aside or reversed or new trial granted by any court of the United States in any case, civil or criminal, on the ground of misdirection of the jury or the improper admission or rejection of evidence, or for error as to any matter of pleading or procedure, unless, in the opinion of the court to which application is made, after an examination of the entire cause, it shall appear that the error complained of has injuriously affected the substantial rights of the parties.
Page 397 - Laches, in legal significance, is not mere delay, but delay that works a disadvantage to another. So long as parties are in the same condition, it matters little whether one presses a right promptly or slowly, within limits allowed by law; but when, knowing his rights, he takes no...
Page 106 - A check of itself does not operate as an assignment of any part of the funds to the credit of the drawer with the bank, and the bank is not liable to the holder, unless and until it accepts or certifies the check.