Southern Reporter, Volume 41
West Publishing Company, 1906 - 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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accused action Affirmed agreed alleged amount answer Appeal appellee application assignment authority avers bank bill cause Cent charge claim complainant considered Constitution contract costs counsel Criminal damages deceased decree deed defendant defendant's demand demurrer district effect entitled error evidence exception execution fact failed fendant filed further give given granted ground held injury instruction interest issue judge judgment jury killing land matter ment Miss mortgage motion Note.—For objection opinion paid parish parties payment person petition plaintiff plea possession present purchase question railroad reason received record reference refused relator rendered Reversed rule shown South statute sufficient suit Supreme Court taken term testified testimony timber tion trial wife witness
Page 399 - ... wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony.
Page 172 - ... to its usual place of delivery at said destination, if on its road, otherwise to deliver to another carrier on the route to said destination. It is mutually agreed, as to each carrier of all or any of said property over all or any portion of said route to destination, and as to each party at any time interested in all or any of said property, that every service to be performed...
Page 36 - The liberty mentioned in that amendment means not only the right of the citizen to be free from the mere physical restraint of his person, as by incarceration, but the term is deemed to embrace the right of the citizen to be free in the enjoyment of all his faculties; to be free to use them in all lawful ways ; to live and work where he will ; to earn his livelihood by any lawful calling ; to pursue any livelihood or avocation, and for that purpose to enter into all contracts which may be proper,...
Page 153 - These contracts are not articles of commerce in any proper meaning of the word. They are not subjects of trade and barter offered in the market as something having an existence and value independent of the parties to them. They are not commodities to be shipped or forwarded from one state to another, and there to be put up for sale.
Page 265 - A statement of the facts constituting the cause of action, in ordinary and concise language...
Page 386 - That in all criminal prosecutions the accused hath a right to be heard, by himself or counsel, or both...
Page 166 - Another established doctrine of this court is, that where the power of Congress to regulate is exclusive, the failure of Congress to make express regulations indicates its will that the subject shall be left free from any restrictions or impositions; and any regulation of the subject by the States, except in matters of local concern only, as hereafter mentioned, is repugnant to such freedom.
Page 167 - This court has so often affirmed the right of the state, in the exercise of its police power, to place reasonable restraints, like that here involved, upon the freedom of contract, that we need only refer to some of the cases in passing.