Report of Cases Argued and Determined in the Court of Appeals of Alabama |
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action Affirmed agent alleged amount answer appeal appellee assignment Attorney authority averments bank bill of exceptions breach cause charge Circuit Court City claim Code Company complaint conclusion condition consideration contained contention contract counsel count damages Decided defendant defendant's demurrers duty effect entered entitled error evidence execution existence fact failed failure filed follows further give given ground Heard injury interest issue judge judgment jury liability matter ment mortgage motion negligence objection offered opinion overruling paid party payment person plain plaintiff plea pleadings presented proof proper prove provision purchase question reason received record recover referred refused remanded rendered requested result Reversed rule shown South statement statute sued sufficient suit sustained tending testified testimony tion train trial court unless WALKER witness
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351 ÆäÀÌÁö - For no country ever takes notice of the revenue laws of another. " <The objection, that a contract is immoral or illegal as between plaintiff and defendant, sounds at all times very ill in the mouth of the defendant. It is not for his sake, however, that the objection is ever allowed; but it is founded in general principles of policy, which the defendant has the advantage of, contrary to the real justice, as between him and the plaintiff, by accident, if I may so say. The principle of public policy...
351 ÆäÀÌÁö - The principle of public policy is this; ex dolo malo non oritur actio. No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act.
356 ÆäÀÌÁö - Every holder is deemed prima facie to be a holder in due course ; but when it is shown that the title of any person who has negotiated the instrument was defective, the burden is on the holder to prove that he or some person under whom he claims acquired the title as a holder in due course.
131 ÆäÀÌÁö - That the price of the same commodity will be raised, for he who has the sole selling of any commodity, may and will make the price as he pleases.
112 ÆäÀÌÁö - After the dissolution of a partnership the authority of each partner to bind the firm, and the other rights and obligations of the partners, continue notwithstanding the dissolution so far as may be necessary to wind. up the affairs of the partnership, and to complete transactions begun but unfinished at the time of the dissolution, but not otherwise.
426 ÆäÀÌÁö - That in case any common carrier subject to the provisions of this Act shall do, cause to be done, or permit to be done, any act, matter, or thing in this Act prohibited or declared to be unlawful, or shall omit to do any act, matter, or thing in this Act required to be done, such common carrier shall be liable to the person or persons injured thereby for the full amount of damages sustained in consequence of any such violation of the provisions of this Act...
129 ÆäÀÌÁö - It is perhaps correct to say that public policy is that principle of law which holds that no person can lawfully do that which has a tendency to be' injurious to the public or against the public good...
352 ÆäÀÌÁö - No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act. If, from the plaintiff's own stating or otherwise, the cause of action appears to arise ex turpi causa, or the transgression of a positive law of this country, there the court says he has no right to be assisted.
540 ÆäÀÌÁö - Certainly, denial of a motion for a new trial on the grounds that the verdict was against the weight of the evidence would not be subject to review.
494 ÆäÀÌÁö - By reason of the act or omission of any person in the service of the employer done or made in obedience to the rules or bye-laws of the employer, or in obedience to particular instructions given by any person delegated with the authority of the employer in that behalf...