Southern Reporter, Volume 80West Publishing Company, 1919 - Law reports, digests, etc Includes the decisions of the Supreme Courts of Alabama, Florida, Louisiana, and Mississippi, the Appellate Courts of Alabama and, Sept. 1928/Jan. 1929-Jan./Mar. 1941, the Courts of Appeal of Louisiana. |
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Common terms and phrases
action adverse possession Affirmed Alabama alleged amount APPEAL AND ERROR Appeal from Circuit appellant appellee averments Bank bill cause chancery court charge Circuit Court claim Code Company complainant concur contract Coun Court of Alabama court of equity damages decree deed defendant defendant's demand demurrer Digests and Indexes duty Duval county evidence fact fendant filed injury issue J. J. Thomas Judge jurisdiction jury Key-Numbered Digests land liability lien Louisiana lumber MCCLELLAN ment Miss Mobile County mortgage motion negligence opinion overruled owner paid parish parties payment person plaintiff in error plea possession purchase question quiet title railroad reason Rehearing rendered Reversed and remanded rule South statute suit supra Supreme Court sustained testimony thereof Thomas tiff tion topic and KEY-NUMBER town trial by jury trial court verdict witness writ
Popular passages
Page 12 - 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 265 - It is further mutually agreed between the parties hereto that no certificate given or payment made under this contract, except the final certificate or final payment, shall be conclusive evidence of the performance of this contract, either wholly or in part, and that no payment shall be construed to be an acceptance of defective work or improper materials.
Page 261 - States, which declares that full faith and credit shall be given in each state to the judicial proceedings of every other state...
Page 459 - Wright an accident insurance policy for $5,000, insuring him "against disability or death resulting directly and independently of all other causes from bodily injuries effected solely through external, violent, and accidental means.
Page 92 - If a bankrupt shall have given a preference within four months before the filing of a petition, or after the filing of the petition and before the adjudication, and the person receiving it, or to be benefited thereby, or his agent acting therein, shall have had reasonable cause to believe that it was intended thereby to give a preference, it shall be voidable by the trustee, and he may recover the property or its value from such person.
Page 338 - ... when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Page 456 - Where the parties, in their contract, fix on a certain mode by which the amount to be paid shall be ascertained, as in the present case, the party that seeks an enforcement of the agreement must show that he has done everything on his part which could be done to carry it into effect.
Page 29 - It must not be forgotten that you are not to extend arbitrarily those rules which say that a given contract is void as being against public policy, because, if there is one thing which more than another public policy requires, it is that men of full age and compeMcKay v.
Page 433 - Where a signature is so placed upon the instrument that it is not clear in what capacity the person making the same intended to sign, he is to be deemed an indorser; 7. Where an instrument containing the words, "I promise to pay," is signed by two or more persons, they are deemed to be jointly and severally liable thereon.
Page 278 - The inquiry must, therefore, always be whether there was any intermediate cause disconnected from the primary fault, and self-operating, which produced the injury.