- United States Fidelity & Guaranty Co. v. First Nat. Bank of Lincoln (1932-03-24) United States Fidelity & Guaranty Co. v. First Nat. Bank of Lincoln Alabama
<p>The bill is for the enforcement of a lien or collateral pledge of "all moneys due or to become due" on the described public construction contract.</p>
<p>It has been declared by this court that under section 8935, Code, any lien may be enforced in equity. McLendon v. Truckee Land Co., <cross_reference><span class="citation no-link">216 Ala. 589</span></cross_reference>, <cross_reference><span class="citation no-link">114 So. 3</span></cross_reference>, an attorney's lien; Broglan v. City of Huntsville, <cross_reference><span class="citation no-link">218 Ala. 9</span></cross_reference>, <cro
- Clark v. State (1926-10-26) Clark v. State Alabama
<p>The court did not commit error in putting the defendant to trial before the same jury that passed upon the plea of misnomer. Whitaker v. State, ante, p. 114, <cross_reference><span class="citation no-link">105 So. 433</span></cross_reference>.</p>
<p>The entire inquiry as to the plea of misnomer was useless. The defendant was indicted as "Ott Clark, whose name is to the grand jury unknown than as stated." Such an indictment is not subject to a plea of misnomer. Bryant v. State, <cross_reference><span class="citation no-link">36 Ala. 270</span></cross_reference>. This will dispose of the sev
- Dishman v. Griffis (1918-02-05) Dishman Alabama
<p>It is the well-settled and general rule of the common law, differing in this respect from the civil law, that upon the present and executed sale of a definite, ascertained, and existing chattel which is open to the inspection of the buyer, and of which the seller is neither the manufacturer nor the grower, no warranty whatever as to the quality, fitness, or condition is implied. In such cases, if an express warranty is not given, and the purchaser exercises without hindrance the right of inspection, the rule of the common law, caveat emptor, is without exception. Armstrong v. Bufford, <cros
- Davis v. State (1930-02-18) Davis Alabama
<p>The defendants were indicted at the February term, 1929, of the circuit court on a charge of grand larceny of some seed cotton alleged to have been stolen in October, 1926. The evidence clearly discloses that the prosecution against these defendants was instigated by Be Gladden on account of the fact that Bertie Davis one of these defendants had given evidence for and on behalf of the state in a prosecution of Be Gladden in the circuit court of Etowah county in which Be had been convicted on a charge of uxoricide. Tim Gladden, a brother of Be, was one of the principal state's witnesses in t
- Smith v. City of Dothan (1924-05-22) Smith v. City of Dothan Alabama
<p>This is a bill in equity by the city of Dothan against the appellant for the abatement of a nuisance — an obstruction over and along an alleged public highway called North Park avenue in said city. From a decree granting the relief prayed, the respondent has prosecuted this appeal.</p>
<p>West Main street is one of the chief thoroughfares of the city of Dothan, running east and west from the center of the city to the western limits thereof. North street is practically parallel with West Main street, and runs east and west north of said Main street between a quarter and half mile. Befo
