Report of Cases Argued and Determined in the Court of Appeals of Alabama, 6권West Publishing Company, 1913 |
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56 South 60 South action agent Alabama Albertville alleged amount Anniston appellant appellant's appellee appellee's assignments of error Assumpsit attorney authority averments bill of exceptions Birmingham bond breach Byers carrier Circuit Court claim Code complaint contract cotton count court erred damages December 19 Decided November defendant's delivery demurrers dence detinue duty execution fact fendant filed Heard Heard before Hon indictment injury Jefferson county jury Kilgore liable Louisville & Nashville Lumber ment motion negligence non est factum November 12 November 28 opinion paid party passenger PELHAM person plaintiff plea plea in abatement pleadings possession question Railroad reasonable received recover refused rendered Reversed and remanded reversible error rule seller sheriff shown statute sufficient suit supra Supreme Court sureties sustained telegram tending to show testimony tiff tion train trial court verdict Western Union Western Union Telegraph witness writ
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247 페이지 - That it is complete and regular upon its face. (2) That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact. (3) That he took it in good faith and for value. (4) That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it.
247 페이지 - An instrument is negotiated when it is transferred from one person to another in such manner as to constitute the transferee the holder thereof. If payable to bearer it is negotiated by delivery ; if payable to order it is negotiated by the indorsement of the holder completed by delivery.
487 페이지 - ... it shall be unlawful for any person, persons, or corporation to offer, grant, or give, or to solicit, accept, or receive any rebate, concession, or discrimination...
301 페이지 - ... 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.
479 페이지 - The apparent authority so far as third persons are concerned is the real authority, and when a third person has ascertained the apparent authority with which the principal has clothed the agent, he Is under no further obligation to inquire into the agent's actual authority.
47 페이지 - All of them support the rule now adopted by this court, that it is error sufficient to reverse a judgment for counsel, against objection, to state facts pertinent to the issue and not in evidence, or to assume arguendo such facts to be in the case, when they are not.
487 페이지 - ... whereby any such property shall by any device whatever be transported at a less rate than that named in the tariffs published and filed by such carrier, as is required by said chapter, or whereby any other advantage is given or discrimination is practiced.
246 페이지 - In the hands of any holder other than a holder in due course, a negotiable instrument is subject to the same defenses as if it were non-negotiable. But a holder who derives his title through a holder in due course, and who is not himself a party to any fraud or illegality affecting the instrument, has all the rights of such former holder in respect of all parties prior to the latter.
486 페이지 - That if any common carrier subject to the provisions of this Act shall, directly or indirectly, by any special rate, rebate, drawback, or other device, charge, demand, collect, or receive from any person or persons a greater or less compensation...
125 페이지 - to regulate the practice and proceedings In civil cases In the circuit court of Jefferson county,