Reports of Cases Argued and Determined in the Supreme Court of Alabama, Հատոր 45 |
From inside the book
Արդյունքներ 86–ի 1-ից 5-ը:
Էջ 29
... error , the cause is reversed and remanded for a new trial . In the mean time the defendant will be held in custody until discharged by due course of law . MITCHUM vs. THE STATE . [ INDICTMENT FOR LARCENY . ] 1. Larceny , what may be ...
... error , the cause is reversed and remanded for a new trial . In the mean time the defendant will be held in custody until discharged by due course of law . MITCHUM vs. THE STATE . [ INDICTMENT FOR LARCENY . ] 1. Larceny , what may be ...
Էջ 30
... error . - On the trial of a felony , it is error for the court , against the objection of the accused , to discharge a juror who had been regularly summoned and drawn , because since such juror was summoned , and before he was drawn ...
... error . - On the trial of a felony , it is error for the court , against the objection of the accused , to discharge a juror who had been regularly summoned and drawn , because since such juror was summoned , and before he was drawn ...
Էջ 36
... error in the proceedings - 1st , in the refusal of the court to grant them a change of venue ; 2d , in the omission of the jury to ascertain by their verdict the degree of murder of which they were guilty . The form of an indictment for ...
... error in the proceedings - 1st , in the refusal of the court to grant them a change of venue ; 2d , in the omission of the jury to ascertain by their verdict the degree of murder of which they were guilty . The form of an indictment for ...
Էջ 40
... error in the charge of the court , or in its re- fusal to give those asked by the defendant . The judgment is affirmed . PETERS , J. , ( dissenting . ) — I have not been able to bring myself to concur with the majority of the court , in ...
... error in the charge of the court , or in its re- fusal to give those asked by the defendant . The judgment is affirmed . PETERS , J. , ( dissenting . ) — I have not been able to bring myself to concur with the majority of the court , in ...
Էջ 44
... error not to ask the prisoner , before passing sentence , if he has any thing to say why sentence should not be awarded against him ; and where it does not appear from the judgment entry that this was done , it is a reversible error ...
... error not to ask the prisoner , before passing sentence , if he has any thing to say why sentence should not be awarded against him ; and where it does not appear from the judgment entry that this was done , it is a reversible error ...
Այլ խմբագրություններ - View all
Reports of Cases Argued and Determined in the Supreme Court of Alabama, Հատոր 38 Alabama. Supreme Court Ամբողջությամբ դիտվող - 1867 |
Reports of Cases Argued and Determined in the Supreme Court of ..., Հատոր 137 Alabama. Supreme Court Ամբողջությամբ դիտվող - 1903 |
Reports of Cases Argued and Determined in the Supreme Court of ..., Հատոր 143 Alabama. Supreme Court Ամբողջությամբ դիտվող - 1906 |
Common terms and phrases
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
Սիրված հատվածներ
Էջ 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.
Էջ 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.
Էջ 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.
Էջ 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...
Էջ 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...
Էջ 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.
Էջ 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...
Էջ 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.
Էջ 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...
Էջ 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...