Reports of Cases Argued and Determined in the Supreme Court of Alabama, Volume 98 |
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action Adm'r adverse possession Affirmed agreement alleged amount Anniston appeal appellee assigned authority averments Bank bill of exceptions Birmingham bond brake cause Chancery Court charge Circuit Court cited City Court claim Code complainants contract corporation court of equity creditors Cullman county damages debentures debt deceased declared decree deed defendant defendant's demurrer detinue engineer entitled equity error evidence execution facts fendant filed fraud HARALSON Hodges Brothers holders indictment injury interest intestate Isaac Rosenberg issue Jones judgment jury believe land levied liable lien ment metes and bounds Mobile Montgomery mortgage mortgagor motion mules negligence objection overruled paid parties payment person plaintiff plea possession Probate Court proof purchase question Railroad Company reasonable refused rule Russell sheriff Smith sold statute stockholders suit tending to show testator testified testimony tion train trial trust vote wife witness Woolfolk
Popular passages
Page 238 - If time permits or has permitted, he must show, if he fails with the directors, that he has made an honest effort to obtain action by the stockholders as a body, in the matter of which he complains. And he must show a case, if this is not done, where it could not be done, or it was not reasonable to require it.
Page 238 - ... he has exhausted all the means within his reach to obtain, within the corporation itself, the redress of his grievances, or action in conformity to his wishes.
Page 38 - To compel witnesses to attend and testify before it upon all matters connected with the operation of this act, in the same manner as is or may be provided by law for the taking of testimony before notaries public; and its president, or any member of said board, may administer oaths to such witnesses.
Page 449 - ... or stock is entirely worthless, then its value is what it would have been worth if it had been as represented by the defendant, and as may be shown in the evidence before you.
Page 14 - Every murder perpetrated by poison, lying in wait, or any other kind of willful, deliberate, malicious, and premeditated killing; or committed in the perpetration of, or attempt to perpetrate, any arson, rape, burglary, or robbery; or perpetrated from a premeditated design unlawfully and maliciously to effect the death of any human being other than him who is killed, is murder in the first degree. Any other murder is murder in the second degree.
Page 240 - HEAD, J. Action for wrongful Injury causing death. The defendant demurred to the first, second, and third counts of the complaint, interposing to each count, among others, the following ground of demurrer: "That it does not appear from said count that the injuries complained of were caused by the negligence of the defendant, or any one for whose negligence defendant is responsible.
Page 542 - The assignee can always go to the debtor and ascertain what claims he may have against the bond or other chose in action which he is about purchasing from the obligee, but he may not be able with the utmost diligence to ascertain the latent equity of some third person against the obligee.
Page 62 - Do not prostitute thy daughter." Lev. xix, 29.' A prostitute is a female given to Indiscriminate lewoness for gain. In its most general sense, prostitution is the setting oneself to sale, or of devoting to Infamous purposes what is in one's power. In its more restricted sense it is the practice of a female offering her body to an indiscriminate,, intercourse with men.
Page 65 - ... 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 16 - It is not a mere possible doubt; because everything relating to human affairs, and depending on moral evidence, is open to some possible or imaginary doubt.