Reports of Cases Argued and Determined in the Supreme Court of Alabama, Volume 133 |
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action adverse possession affirmative charge Alabama alleged appeal appellee assigns as error averred bill of exceptions Birmingham Southern Railroad Brown cause chancery court charge requested charges the jury Circuit Court cited city court claim Code complainant contract convicted court charges court of equity damages Dan McGuire debt deceased decree deed defendant defendant duly excepted defendant's demurrer dence detinue duress duty easement Ency equity evidence tending execution facts fendant filed ground guilty indictment for murder injury instructs the jury issue judgment jurors killing land mandamus ment Montgomery Montgomery county mortgage motion negligence objection party Peebles person plaintiff plea possession properly refused prosecution Railroad reasonable doubt recover rendered rule separately excepted shown statute statute of frauds street sufficient suit Swift Creek Mill tending to show testified testimony thereof tiff tion trial court Tried TYSON verdict Winston Jones witness writ
Popular passages
Page 336 - ... and every written one in the term "depose"; signature or subscription includes mark, when the person cannot write, his name being written near it by a person who writes his own name as a witness...
Page 14 - There must be a misstatement of an existing fact: but the state of a man's mind is as much a fact as the state of his digestion.
Page 439 - Cas. 581, it was held that where the testator gave the residue of his real and personal estate to trustees for investment in their joint names, and directed the interest from time to time to be paid to such lineal descendants as they might severally need...
Page 82 - ... to be considered by the jury, In connection with all the other evidence. In...
Page 280 - Where after the commencement of this act personal injury is caused to a workman (1) By reason of any defect in the condition of the ways, works, machinery, or plant connected with or used in the business of the employer...
Page 584 - Upon the introduction of all the evidence the defendant requested the court to give to the jury the following written charges, and separately excepted to the court's refusal to give each of them as asked : (a) " If the jury believe the evidence, they must find in favor of the deWoodward Iron Co. v. Herndon. (Ns) fendant upon the first count of the complaint." (b) " If the jury believe the evidence, the y must find for the defendant...
Page 178 - Upon the introduction of all the evidence, the defendant requested the court to give to the Jury the following written charges, and separately excepted to the court's refusal to give each of them as asked: "(1) The court instructs the jury that if they believe the evidence in this case they must find for the defendant...
Page 88 - We have examined the exceptions taken to the rulings of the court on the admission and exclusion of testimony, and we are satisfied that no error was committed prejudicial to the substantial rights of 'the defendant.
Page 280 - ... 1. By reason of any defect in the condition of the ways, works, machinery, or plant, connected with or used in the business of the employer which arose from or had not been discovered or remedied owing to the negligence of the employer or of any person in the service of the employer and intrusted by him with the duty of seeing that the ways, works, machinery, or plant, were in proper condition; 2.
Page 8 - Parker on the former trial was sufficiently and properly laid on the last trial is another important question for adjudication on this appeal. Of course, the burden was upon the prosecution to show to the reasonable satisfaction of the trial Judge that the witness had left and was out of the state at the time of the trial, and that her absence was of a permanent or Indefinite nature. On this matter evidence was adduced before the Judge of the city court that process to secure the witness' attendance...