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action adverse possession Affirmed agreed agreement alleged amount answer appear appellant applied asked assigned attachment authority averments Bank bill bond cause charge cited City claim Code Company complainants consideration considered contract corporation court creditors damages death debentures debt deceased decree deed defendant defendant's demurrer duty effect engineer entitled equity error evidence excepted execution existence facts failed filed further give given ground hands held hold holders indictment injury intention interest issue judge judgment jury land lien ment Mobile mortgage motion negligence notice objection paid parties payment person plaintiff plea possession present proof prove purchase question railroad reason received record refused rule shown sold statute stockholders sufficient suit tending testified testimony tion train trial Tried trust vote witness
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 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).