The Southern Reporter, Volume 61West Publishing Company, 1913 |
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Common terms and phrases
action adverse possession Affirmed Alabama alleged amended amount APPEAL AND ERROR Appeal from Circuit appellee assessed Atty authority avers Bank Birmingham bonds Bossier City cause Cent Chancery Court charge Circuit Court claim Code Company complainant Constitution contract conveyance Coun counsel Court of Mississippi CRIMINAL LAW damages deceased decree deed defendant defendant's demurrer dence dismissed district duty evidence executed fact fendant filed Harrison county homicide injury issue Judge judgment jury land liable ment Miss mortgage motion motorman negligence Note Note.-For opinion Orleans overruled owner parish parties person petition Pike County plaintiff plaintiff in error plea pleading possession purchase question Railroad reason record remanded rendered Reversed reversible error rule South statute street suit Supreme Court testified testimony thereof tiff tion track trial court turpentine verdict wife witness writ
Popular passages
Page 196 - ... no contract, receipt, rule or regulation shall exempt such common carrier, railroad or transportation company from the liability hereby imposed : Provided, that nothing in this section shall deprive any holder of such receipt or bill of lading of any remedy or right of action which he has under existing law.
Page 429 - ... of the party of the second part by the party of the first part...
Page 50 - State, subject only to the two restrictions that the taxation shall not be at a greater rate than is assessed upon other moneyed capital in the hands of individual citizens of such State...
Page 214 - That all levies, judgments, attachments, or other liens, obtained through legal proceedings, against a person who is insolvent, at any time within four months prior to the filing of a petition in bankruptcy against him, shall be deemed null and void in case he is adjudged a bankrupt...
Page 433 - 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 431 - 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 points controverted, upon the determination of which the finding or verdict was rendered.
Page 50 - The corporation is the legal owner of all the property of the bank, real and personal; and within the powers conferred upon it by the charter, and for the purposes for which it was created, can deal witli the corporate property as absolutely as a private individual can deal with his own.
Page 298 - That a legislative presumption of one fact from evidence of another may not constitute a denial of due process of law or a denial of the equal protection of the law...
Page 433 - It is a finality as to the claim or demand in controversy, concluding parties and those In privity with them, not only as to every matter which was offered and received to sustain or defeat the claim or demand, but as to any other admissible matter which might have been offered for that purpose.
Page 298 - Legislation providing that proof of one fact shall constitute prima facie evidence of the main fact in issue is but to enact a rule of evidence, and quite within the general power of government. Statutes, National and state, dealing with such methods of proof in both civil and criminal cases abound, and the decisions upholding them are numerous.