Reports of Cases Argued and Determined in the Supreme Court of Alabama, Volume 47 |
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Common terms and phrases
action Adm'r administrator Alabama alleged amended appeal appellee assigned authority Barbour county bill of exceptions bond Breitling cause Chancery Court circuit court claim complainant contract cotton court of equity creditors debt deceased declarations decree deed defendant excepted defendant's demurrer discharge dollars duly dying declarations Elmore county equity error evidence Ex'r execution executor facts fendant filed final settlement guilty heirs husband indictment insolvent issue JOHN W. A. SANFORD judge judgment jurisdiction jurors Kelsoe lands liability lien ment Mobile Montgomery mortgage motion nunc pro tunc oath objection order of sale overruled paid parties partnership payment person petition plaintiff plea pleaded probate court proceedings promissory note proof proved purchase-money purchaser receipt record refused rendered Revised Code rule sold statute sufficient suit sureties Susan Lee sustained sworn term testimony thereof tion trial verdict void W. E. Offutt wife witness
Popular passages
Page 161 - ... discharge on the ground that it was fraudulently obtained, may, at any time within two years after the date thereof, apply to the court which granted it to set aside and annul the same.
Page 144 - THIS INDENTURE, made this day of , in the year One thousand, nine hundred and , between of , the party of the first part...
Page 773 - And the jury before whom any person indicted for murder shall be tried, shall, if they find such person guilty thereof, ascertain in their verdict whether it be murder in the first or second degree...
Page 334 - A contract for the leasing for a longer period than one year, or for the sale, of any real property, or an interest therein, is void, unless the contract, or some note or memorandum thereof, expressing the consideration, is in writing, subscribed by the lessor or grantor, or by his lawfully authorized agent.
Page 161 - ... of them, set forth as aforesaid by said creditor or creditors against the bankrupt, are proved, and that said creditor or creditors had no knowledge of the same until after the granting of said discharge, judgment shall be given in favor of said creditor or creditors, and the discharge of said bankrupt shall be set aside and annulled. But if said court shall find that said fraudulent acts and all of them, set forth as aforesaid, are not proved, or that they were known to said creditor or creditors...
Page 9 - ... where the death of the deceased is the subject of the charge, and the circumstances of the death the subject of the dying declarations (2).
Page 167 - Court for the owner, irrespective of any benefit from any improvement proposed by such corpo-ration, which compensation shall be ascertained by a jury, unless a jury be waived, as in other civil cases in a Court of record, as shall be prescribed by law.
Page 160 - A discharge in bankruptcy duly granted shall, subject to the limitations imposed by the two preceding sections, release the bankrupt from all debts, claims, liabilities, and demands which were or might have been proved against his estate in bankruptcy.
Page 677 - that all political power is inherent in the people, and all free governments are founded on their authority and instituted for their benefit; and that they have at all times an undeniable and indefeasible right to alter their form of government in such manner as they may think expedient.
Page 569 - In every charge of murder, the fact of killing being first proved, all the circumstances of accident, necessity, or infirmity are to be satisfactorily proved by the prisoner, unless they arise out of the evidence produced against him; for the law presumeth the fact to have been founded in malice, until the contrary appeareth.