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action administrator affidavit affirmed agent agreed alleged allowed amendment amount answer appears application assigned authority bill bond brought cause charge claim Code Company complainant contract counsel creditors damages debt decision decree deed defendant discharge dismissed dollars duty equity et al evidence exceptions execution facts filed further Georgia give given granted ground hands held homestead illegality interest issue judge judgment jury Justice land levy liable matter mortgage motion necessary notice objection officer ordinary paid party payment person plaintiff in error plea possession proof purchase question Railroad Railroad Company reason received record recover refused rendered Reported road rule sell sheriff sold sufficient suit Superior Court term testimony thereof tion trial trust verdict wife witness
Page 573 - That every such action shall be for the benefit of the wife, husband, parent and child of the person whose death shall have been so caused...
Page 301 - It is agreed between the sender of the following message and this company that said company shall not be liable for mistakes or delays in the transmission or delivery, or for non-delivery, of any unrepeated message, whether happening by negligence of its servants or otherwise, beyond the amount received for sending the same...
Page 131 - An office is a public station, or employment, conferred by the appointment of government. The term embraces the ideas of tenure, duration, emolument, and duties.
Page 104 - ... mistake or fraud, he must, upon the discovery of the facts, at once announce his purpose and adhere to it. If he be silent, and continue to treat the property as his own, he will be held to have waived the objection, and will be conclusively bound by the contract, as if the mistake or fraud had not occurred. He is not permitted to play fast and loose. Delay and vacillation are fatal to the right which had before subsisted.
Page 89 - Janes in rebuttal and explanation of such may be considered by the jury, in connection with the other evidence in the case, in ascertaining whether there was a contract, and what that contract was.
Page 730 - State, may remove such suit into the Circuit Court of the United States for the proper district, at any time before the trial thereof, when it shall be made to appear to said Circuit Court that from prejudice or local influence he will not be able to obtain justice in such State Court...
Page 395 - It shall then be the duty of the. State court to accept said petition and bond, and proceed no further in such suit...
Page 731 - The circuit courts of the United States shall have original cognizance, concurrent with the courts of the several States, of all suits of a civil nature at common law or in equity, where the matter in dispute exceeds, exclusive of costs, the sum or value of five hundred dollars...
Page 123 - ... Where a party pays an illegal demand with a full knowledge of all the facts which render such demand illegal, without an immediate and urgent necessity therefor, or unless to release his person or property from detention, or to prevent an immediate seizure of his person or property, such payment must be deemed voluntary and cannot be recovered back. And the fact that the party at the time of making the payment files a written protest does not make the payment involuntary.
Page 749 - Still another section, 2972, declares that "if the plaintiff, by ordinary care, could have avoided the consequences to himself caused by the defendant's negligence, he is not entitled to recover ; but in other cases the defendant is not relieved, although the plaintiff may in some way have contributed to the injury sustained.