Reports of Cases Argued and Determined in the Supreme Court of Alabama, Volume 45 |
Outras edições - Ver tudo
Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 38 Alabama. Supreme Court Visualização integral - 1867 |
Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 137 Alabama. Supreme Court Visualização integral - 1903 |
Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 143 Alabama. Supreme Court Visualização integral - 1906 |
Palavras e frases frequentes
action Adm'r administrator Alabama alleged amount APPEAL from Circuit appellant appellee application authority B. F. SAFFOLD bill of exceptions bond cause Chancery Court charge circuit court claim commissioners complainant consent constitution contract corporation cotton court of equity Covington County creditor debt deceased decree deed defendant demurrer dollars equity error evidence Ex'r execution executor exemption facts favor filed final settlement garnishee given guardian guardian ad litem heirs husband indictment insolvency JOHN W. A. SANFORD judge judgment jurisdiction jury land legislature levy liable lien ment Mobile Mobile county Montgomery county mortgage motion notice overruled paid party payment person petition plaintiff plea possession probate court proceedings promissory note proof question record refused rehearing rendered Revised Code Selma & Gulf separate estate sheriff statute sufficient suit sureties term tion trial void wife Winston County witness writ
Passagens conhecidas
Página 318 - The judiciary cannot, as the legislature may, avoid a measure because it approaches the confines of the constitution. We cannot pass it by because it is doubtful. With whatever doubts, with whatever difficulties, a case may be attended, we must decide it, if it be brought before us. We have no more right to decline the exercise of jurisdiction which is given, than to usurp that which is not given.
Página 12 - Judges ought to be more learned than witty, more reverend than plausible, and more advised than confident. Above all things, integrity is their portion and proper virtue.
Página 701 - The only security against the abuse of this power is found in the structure of the government itself. In imposing a tax the legislature acts upon its constituents. This is in general a sufficient security against erroneous and oppressive taxation.
Página 645 - It may be said, perhaps with sufficient accuracy, that acts necessary to peace and good order among citizens, such for example, as acts sanctioning and protecting marriage and the domestic relations, governing the course of descents, regulating the conveyance and transfer of property, real and personal, and providing remedies for injuries to person and estate, and other similar acts, which would be valid if emanating from a lawful government, must be regarded in general as valid when proceeding from...
Página 790 - From the variety of cases relative to judgments being given in evidence in civil suits these two deductions seem to follow as generally true: First, that the judgment of a court of concurrent jurisdiction directly upon the point is as a plea a bar, or as evidence, conclusive between the same parties upon the same matter directly in question in another court...
Página 318 - It is most true that this court will not take jurisdiction if it should not ; but it is equally true that it must take jurisdiction if it should. The judiciary cannot, as the legislature may, avoid a measure because it approaches the confines of the constitution. We cannot pass it by because it is doubtful. With whatever doubts, with whatever difficulties, a case may be attended, we must decide it, if it be brought before us.
Página 650 - The general doctrine maintained in the American courts in relation to foreign judgments certainly is that they are prima facie evidence, but that they are impeachable. But how far and to what extent this doctrine is to be carried does not seem to be. definitely settled. It has been declared that the jurisdiction of the court, and its power over the parties and the things in controversy, may be inquired into; and that the judgment may be impeached for fraud. Beyond this no definite lines have as yet...
Página 648 - This government de facto will, of course, exercise no power inconsistent with the provisions of the constitution of the United States, which is the supreme law of the land.
Página 701 - The people of a state, therefore, give to their government a right of taxing themselves and their property ; and as the exigencies of government...
Página 21 - That in all criminal prosecutions, the accused hath a right to be heard by himself and his counsel, to demand the nature and cause of the accusation against him, and to have a copy thereof...