The Southern Reporter, Volume 16West Publishing Company, 1895 |
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Common terms and phrases
action Affirmed agent Alabama alleged amount Anfield Anniston answer Appeal from circuit appellee assigned authority averred Bank bill of exceptions bond cause chancery court charge circuit court claim Code complainant contract conveyance convicted counsel court of equity Court of Mississippi creditors damages debt deceased declaration decree deed defendant defendant's demurrer dence Escambia county evidence execution facts fendant filed garnishment ground indictment issue Jones & Bowen judge judgment juror jury land liable ment Miss mortgage motion overruled paid parties payment person plaintiff plaintiffs in error plea pleaded possession proof purchase Railroad reason record refused Reversed rule Santa Rosa county scire facias sheriff sold South statute sued suit Supreme Court sustained Suwannee county testified testimony thereof tiff tion trial trust Tuscumbia verdict wife witness writ of error
Popular passages
Page 43 - No suit or action on this policy for the recovery of any claim shall be sustainable in any court of law or equity until after full compliance by the insured with all the foregoing requirements, nor unless commenced within twelve months next after the fire.
Page 211 - The proposition which these recognized cases suggest, and which is, therefore, to be deduced from them, is that whenever one person is by circumstances placed in such a position with regard to another that every one of ordinary sense who did think would at once recognize that, if he did not use ordinary care and skill in his own conduct with regard to those circumstances, he would cause danger of injury to the person or property of the other, a duty arises to use ordinary care and skill to avoid...
Page 320 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
Page 20 - CD, of the city aforesaid, merchant, my true and lawful attorney, for me, and in my name, and for my use to ask, demand...
Page 78 - Harrison then and there instantly died: And so the jurors aforesaid upon their oath aforesaid do say, that the said...
Page 46 - The powers of the agent are, prima facie, coextensive with the business intrusted to his care and will not be narrowed by limitations not communicated to the person with whom he deals.
Page 46 - ... a question of fact for the jury, and not of law for the court.
Page 365 - ... the party of the first part to the party of the second part...
Page 43 - ... if the interest of the insured be other than unconditional and sole ownership; or if the subject of insurance be a building on ground not owned by the insured in fee-simple; or if the subject of insurance be personal property and be or become incumbered by a chattel mortgage...
Page 153 - I have charged it that the defendant is guilty, the form of your verdict will be: 'We, the jury, find the defendant guilty, and assess the value of the property embezzled' at so much, — whatever the proof shows it was.