Southern Reporter, 110권West Publishing Company, 1927 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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action Affirmed agent Alabama alimony alleged amended amount Anniston Appeal and error Appeal from Circuit appellant appellee attorney Atty authority avers bank bill BOULDIN cause certiorari chancery court charge Circuit Court claim Code Company complainant concur contract corporation Court of Appeals Criminal law damages deceased decree deed defendant defendant's demurrer dence denied Digests and Indexes eminent domain equity error coram nobis evidence fact fendant filed fraud held injury J. H. Wilson Judge judgment jury Key-Numbered Digests land lien Louisiana Lumber ment Miss mortgage motion negligence Orleans overruled paid parties payment person petition plaintiff plaintiff in error plea pleaded possession purchase question reason record refused Rehearing rendered reversible error rule statute suit Supreme Court sustained Syllabus testified testimony thereof tion topic and KEY-NUMBER trial court usury verdict witness writ
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51 페이지 - It is a finality as to the claim or demand in controversy, concluding parties and those in privity with them, not only as to every matter which was offered and received to sustain or defeat the claim or demand, but as to any other admissible matter which might have been offered for that purpose...
182 페이지 - Under this test, if the injury can be seen to have followed as a natural incident of the work and to have been contemplated by a reasonable person familiar with the whole situation as a result of the exposure occasioned by the nature of the employment, then it arises "out of
199 페이지 - When the classification in such a law is called in question, if any state of facts reasonably can be conceived that would sustain it, the existence of that state of facts at the time the law was enacted must be assumed. 4. One who assails the classification in such a law must carry the burden of showing that it does not rest upon any reasonable basis, but is essentially arbitrary.
274 페이지 - And, in addition, he engages that on due presentment, it shall be accepted or paid, or both, as the case may be, according to its tenor, and that if it be dishonored, and the necessary proceedings on dishonor be duly taken, he will pay the amount thereof to the holder, or to any subsequent endorser who may be compelled to pay it.
182 페이지 - It is sufficient to say that an injury is received 'in the course of the employment when it comes while the workman is doing the duty which he is employed to perform. It arises 'out of the employment when, there is apparent to the rational mind upon consideration of all the circumstances a causal connection between the conditions under which the work is required to be performed and the resulting injury.
247 페이지 - ... education, men of learning and men whose learning consists only in what they have themselves seen and heard, the merchant, the mechanic, the farmer, the laborer, these sit together, consult, apply their separate experience of the affairs of life to the facts proven, and draw a unanimous conclusion. This average judgment thus given it is the great effort of the law to obtain. It is assumed that twelve men know more of the common affairs of life than does one man; that they can draw wiser and safer...
236 페이지 - No variance between the allegation in a pleading and the proof is to be deemed material, unless it has actually misled the adverse party to his prejudice in maintaining his action or defense upon the merits.
351 페이지 - The right of trial by jury shall be secured to all, and remain inviolate ; but in civil actions three-fourths of the jury may render a verdict.
445 페이지 - Boarding house as his destination, it nevertheless also appears that deceased was shortly to depart upon his run, having just prepared his engine for the purpose, and that he had not gone beyond the limits of the railroad yard when he was struck. There is nothing to indicate that this brief visit to the boarding house was at all out of the ordinary, or was inconsistent with his duty to his employer. It seems to us clear that the man was still ''on duty," and employed in commerce, notwithstanding...
30 페이지 - But it is expressly agreed that this company shall not be liable for any loss or damage that may occur to the property herein mentioned while any installment of the installment note, given for premium upon this policy, remains past due and unpaid...