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72 South action adverse possession agent Alabama alleged amended ANDERSON appeal appellee Assumpsit Attorney authority averments bank bill of exceptions Birmingham cause Chancery Court Circuit Court City Court claim Code commission Company complainant concur consideration Constitution contract contributory negligence conveyance corporation counsel count court of equity creditors damages debt deceased declared decree deed defendant defendant's demurrer Detinue duty effect equity evidence ex rel executed fact filed GARDNER Harriet Reynolds held injury intent intestate issue joinder judge judgment June 30 jury land mandamus MAYFIELD MCCLELLAN ment mortgage motion negligence opinion overruled parties payment Pell City person petition plaintiff plea pleading probate proof provisions purchase Pyron question railroad reason refused rendered respondent Reversed and remanded reversible error rule SAYRE servant SOMERVILLE statute sufficient suit supra surety tenant term testatrix testified testimony thereof THOMAS tion trial court verdict witness
Page 45 - But it is not on slight implication and vague conjecture that the legislature is to be pronounced to have transcended its powers, and its acts to be considered as void. The opposition between the Constitution and the law should be such that the judge feels a clear and strong conviction of their incompatibility with each other.
Page 58 - While the intention of the legislature must be ascertained from the words used to express it, the manifest reason and the obvious purpose of the law should not be sacrificed to a literal interpretation of such words.
Page 379 - It is equally clear that where a State has authorized a municipal corporation to contract and to exercise the power of local taxation to the extent necessary to meet its engagements, the power thus given cannot be withdrawn until the contract is satisfied. The State and the corporation, in such cases, are equally bound.
Page 317 - when a person of sound memory and discretion unlawfully killeth any reasonable creature in being, and under the king's peace, with malice aforethought, either express or implied.
Page 58 - When the words are not explicit the intention is to be collected from the context, from the occasion and necessity of the law, from the mischief felt, and the remedy in view; and the intention is to be taken or presumed according to what is consonant with reason and good discretion.
Page 494 - There must be reasonable evidence of negligence; but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Page 519 - One may affirm with the sanction of that case that it is an innovation to allow suits in the admiralty by seamen to recover damages for personal injuries caused by the negligence of the master and to apply the common-law principles of tort.
Page 48 - The rule applicable here is, that effect is to be given, if possible, to the whole instrument, and to every section and clause. If different portions seem to conflict, the courts must harmonize them, if practicable, and must lean in favor of a construction which will render every word operative, rather than one which may make some words idle and nugatory.
Page 116 - Constructive trusts include all those instances in which a trust is raised by the doctrines of equity for the purpose of working out justice in the most efficient manner, where there is no intention of the parties to create such a relation, and in most cases contrary to the intention of the one holding the legal title, and where there is no express or implied, written or verbal, declaration of the trust.