vey vs. State, 612; Childers vs. State, 837; Leverette vs. Cook, adm'r, 838.

14. Newly discovered witnesses, residence, character and credibility must be shown. Hanvey vs. State, 612.

15. Affidavit not signed but followed by another which verifies, considered. Moon vs. State, 687.

16. Brief of evidence. time allowed to file, must be filed within. Usry vs. Phillips, 815.

17. Brief not agreed on or approved filed, insufficient. Ibid.
18. Sickness of party, failing to inform court of and move for con-
tinuance, no new trial. Lumpkin vs. Respess, for use, 822.

See Verdict; Charge of Court, 11; Administrators and
Executors, 4; Practice in Superior Court, 17.

NON-SUIT.

1. Non-suit right, reason given wrong, judgment affirmed. Tompkins vs. Phipps, 155.

2. Dismissal of levy being proper, non-suit granted having same effect, affirmed. Ibid.

3. Equity, no non-suit in; but case dismissed for want of proof. Sandeford vs. Lewis et al., 482.

4. Equity, dismissal right, calling it non-suit not require reversal. Ibid.

5. Novation of contract sued on shown, non-suit proper. Tucker vs. Ball, adm'x, 814.

NOTICE.

1. Possession of land gives notice of rights. Finch et al. vs. Beal, 594.

Ibid.

2. Purchaser takes subject to equities of holder.
3. Recitals in deed to vendor, vendee affected by. Simmons vs.
Goodrich, trustee, 750.

Ibid.

4. Contract not of record, purchaser not affected by.
5. Suit appearing on records, is notice to third parties. Gunn vs.
McMichael, adm'x, 826.

See Set-off, 2; Partnership, 9; Contracts, 27; Vendor
and Purchaser, 4-6; Homestead, 25; Administrators
and Executors, 23.

NUISANCE.

1. Stable, private, in city not necessarily nuisance, though near neighbor's line. Rounsaville et al., vs. Kohlheim, 668.

2. Stable must be so constructed as not to produce annoyance. Ibid.

NULLITIES. See Judgment, 5, 15, 20, 22, 26,35; Homestead, 22.

OFFICERS.

1. Office and public officer defined. Polk et el., commissioners, vs. James, ord'y, et al., 128.

2. Mandamus against for failure to perform duties. Ibid.

See Constable, 1; Costs, 5; Douglas County.

ONUS PROBANDI See Evidence, 4; Ejectment. 4; Jurors, 10, 14; Guardian and Ward, 4; Partnership, 6; Presumption, 7; Trusts and Trustees, I.

ORDINARY.

1. Damages against county, claim for, presented in twelve months
and refused, may be sued in superior court. County of Cobb
vs. Adams, 51.

2. Exclusive jurisdiction of damage cases against county, court
of ordinary has not, after refusal to approve claim. Ibid.
3. Administrator's sale, leave granted, not enjoined by heir for
reasons proper for caveat. Bailey vs. Ross, adm'r, et al.,

735.

4. Administrator's sale, judgment granting leave, not collaterally attacked. Ibid.

See Removal of Causes, 6.

OUSTER. See Landlord and Tenant, 5.

PARENT AND CHILD.

1. Custody of child, agreement by father for another to have, and latter cares for child before and after death of parent, if a proper person, he takes preference of next of kin. Cleghorn vs. Janes, 87.

2. Custody of child, discretion of ordinary on habeas corpus. Smith vs. Bragg, 650.

3. Custody of minor wife by parent or husband, in discretion of court. Gibbs vs Brown, 803.

4. Marriage of female minor over fourteen valid without consent of parents. Ibid.

PARTIES.

1. Bill to recover stock fraudulently sold, seller properly made a party. Blaisdell et al, vs. Bohr et al., 56.

2. Some of purchasers may be sued; dismissed as to others. Ibid.

3. All persons interested in event of bill properly made parties. Ibid.

4. Sheriff's suit for failure to comply with bid at sale under two mortgages, both mortgagees made usees. Sharman, sheriff, for use, vs. Walker, 148.

v 68-60

5. Executor of guardian made party, on his death pending suit
for board bill of wards. Lewis, ex'r, vs. Allen, adm'r, 398.
6. Objection should be made before judgment on sci. fa. Ibid.
Administrator both of decedent and an heir may file bill for
settlement and fix status of heirs, including decedent. Groves,
ordy, for use, vs. Williams, adm'r, et al., 598.

7.

8. Decree not void because he was both plaintiff and a defendant,
Ibid.

9. Trespass for levying on homestead, wife or family may bring.
without joining husband or father. McWilliams et al. vs.
Anderson, 772.

10. Amendment, debtor not added individually or as next friend
by. Ibid.

See Quo Warranto, 1,3; Service, 3; Claim, 3; Practice in
Supreme Court, 16, 34; Pilots, 1.

PARTNERSHIP.

1. Judgment against firm, execution against firm and individuals,
variance is fatal. Clayton & Webb vs. May, 27.

2. Assets belong to partners, firm not an entity. Blanchard,
Williams & Co. vs. Paschal, 32. (Compare 15 below.)

3. Homestead, set apart out of firm assets.

Ibid.

4. Levy before severance of firm assets not prevent homestead of
partner. Ibid.

5. Capital all withdrawn not alone prevent homestead; fraud
necessary. Ibid.

6. Large assets held by firm shortly before application for home-
stead by one partner, onus on him to account for. Ibid.
7. New contract, or renewal, partner has no power to make
after dissolution. First Nat. B'k, etc., vs. Ells, 192.

8. Power to settle business does not include new indorsement.
Ibid.

9. Creditor taking new draft of one partner, with notice of disso-
lution, not recover against other. Ibid.

10. Several recovery allowable under suit against two as partners;
aliter at common law. Francis vs. Dickel & Co., 255.

11. Several liability, evidence of under joint suit, would necessi-
tate amendment. Ibid.

12. Husband and wife, can they be partners? Quære. Ibid.
13. Possessory warrant lies, where one partner entitled to control
property and other takes it by violence or fraud. Ivey et al.
vs. Hammock, 428.

14. Joint account, money received to be invested in real estate on,
parties partners. Hill, adm'r, vs. Sheibley, 556.

15. Debt of firm is debt of each partner. Weatherly vs. Hard-
man, 592. (See 2 above.)

16. Bankruptcy, promise of partner after, to pay firm debt made
before, is good. Ibid.

17. Sayings of one party inadmissible to show partnership as to other. Flournoy & Epping vs. Williams, 707.

18. Agent employing assistant, latter not partner as to principal. Flournoy & Epping vs. Williams, 707.

19. Joint suit, partnership contested, but if existed three in it, verdict against two illegal. Bosworth et al. vs. West, 825.

PAWNS.

See Sales, I.

1. Sell at once on debt becoming due, no duty on pawnee to.
Napier, ex'r, vs. Central Ga. B'k, 637.

2. Sale not forced immediately by notice from debtor. Ibid.
3. Sale: that bank holding stock as collateral failed to sell after
notice, because its president and some stockholders were
depreciating and buying in stock, damaging debtor, proper
defence. Ibid.

4. Transfer of shares to bank as collateral no defence to suit on
debt. Ibid.

5. Depreciating stock held as collateral, by president and a stockholder, not render bank liable. Ibid.

6. Fraud by bank must be distinctly set out. Ibid.

PILOTS.

1. License applied for, other pilots cannot become parties and defend case. Healy vs. Dean et al., 514.

2. Emergency need not exist where applicant has served two years in decked boat. Ibid.

3. Commissioners vested with ample discretion in granting licenses. Presumption in favor of. Ibid.

PLEADING. See Set-Off, 1-6; Partnership, 11; Lien, 1; Homestead. 7-9; Evidence, 33; Administrators and Executors, 10; Vendor and Purchaser, 5; Criminal Law, 39.

POLICEMAN. See Municipal Corporations, 2.

POSSESSORY WARRANT.

1. Partner, when entitled to against co-partner. Ivey et al. vs. Hammock, 428.

2. Tenant may have against landlord for violent or fraudulent taking. Ibid.

3. Title not tried by. Wynn, adm'r, vs. Wynn, 820.

POWERS. See Trusts, 12-14.

PRACTICE IN SUPERIOR COURT.

1. Terms may be imposed on grant of new trial. Gordon vs. Mitchell, 11.

2. Written charge asked, court should not direct counsel to read requests. Gow et al. vs. Charlotte, etc., R. R. Co., 54.

3. General issue, marking names of counsel for defence on docket is equivalent to. Simon vs. Myers & Marcus, 74.

4. Amended, such implied plea may be, by adding set-off. Ibid. 5. Set-off, no notice of plea necessary. Ibid.

6. Continuance granted, if plaintiff surprised. Ibid.

7. Dismiss action and defeat set-off, plaintiff cannot. Ibid.
8. Set-off not defeated by plaintiff's failing or refusing to prove
claim.

Ibid.

9. Action dismissed and same cause pleaded as set-off to suit by defendant against plaintiff. Ibid.

10. Onus probandi, when shifted. Cleghorn vs. Janes, 87.

11. Errors, necessary to correct by certiorari, consent to correct not authorize the dismissal at plaintiff's cost. W. & A. R. R. vs. Greeson, 180.

12. Issues in equity, counsel desiring more fully submitted, should ask. Obear, ex'r, vs. Gray, 182.

13. Jurors told by bailiff they would be kept out a week or compelled to agree, new trial. Ibid.

14. Jury going to park and separating, new trial unless purged. Ibid.

15. Lot or chance used, verdict set aside.

Ibid.

16. Re-opening case, in discretion of court. Augusta, etc.. R. R. vs. Dorsey, 228; Maddox et al. vs. State, 294.

17. Illegality by one defendant, extraordinary motion by other, two not submitted to jury together. Cauthen vs. Barnesville So'ngs B'k, 287.

18. Attorney stopped as not speaking on evidence, court may state that it was authorized by testimony of a witness. Patterson vs. State, 292.

19. Re-charge jury and read jurors' oath to them, judge may. Wood et al. vs. Isom et al., 417.

20. Costs, payment necessary to second action after dismissing first. Langston, ex'r, vs. Marks, 435.

21. Pauper affidavit not sufficient. Ibid.

22. Jury left free to act. White vs. Fulton, 511.

23. Mistrial, statement that judge had never had, also giving rule of preponderance of evidence, not require new trial. Ibid. 24. Conclude argument, right to, not lost by recalling other party for further cross-examination. (Crawford, J., dissenting.) Cothran, trustee, vs. Forsyth, adm'r, 560.

25. Terms: new trial cannot be granted unless one of three jointly sued is released. Irwin vs. Riley, 605.