PUBLIC POLICY. See Contracts, 26; Levy and Sale, 16-17; Telegraph Companies, 3.

PURCHASER. See Vendor and Purchaser.

QUO WARRANTO.

1. State necessary party to bill of exceptions. Churchill et al. vs. Walker et al., 681.

2. Expired, term has, claimant cannot contest title. Ibid.

3. Citizen can contest title to municipal offices. Ibid.

RAILROADS.

1. Passenger informed that she could not ride on ticket, leaves car, suit is on contract. Goins et al. vs. W. R. R. of Ala., 190. 2. Damages, only actual recovered. Ibid.

3. Service on depot agent of railroad operated under contract by receivers of foreign road, sufficient. Ga. So. R. R. vs. Bigelow, 219.

4. Re-enforced by service on sole resident director. Ibid.

5. Ticket dated Dec. 6, good for two days, expired Dec. 8, at 12 P. M. Ibid.

6. Running of engine, suit based on, amended by alleging defects in engine. Augusta, etc., R. R. vs. Dorsey, 228.

7. Tax, rule as to Southwestern Railroad. S. W. R. R. vs. Wright, comp. gen'l, et al., 311.

8. Tax, judicial interference with. Ibid.

9. Bill of lading, notice in, not limit liability. Ga. R. R. vs. Gann & Reaves, 350.

10. Express contract necessary. Ibid.

11. Negligence in running trains, not protected by express contract. Ibid.

12. Connecting line, last road receiving goods as in good order liable. Ibid.

13. Last road liable, goods shipped from S. to A., part of the way as through freight and part as local. Ibid.

14. Exception, none taken, receipt impliedly in good order. Ibid. 15. Foreign state, accident in, contract of employment and princi. pal office here, which law governs? Atlanta, etc., Rwy. Co. vs. Tanner, 384.

16. Employé injured in South Carolina, application of common law as construed by courts there. Ibid.

17. Crossings, duty to repair of public or private roads established by law; aliter if not so established. Cox vs. East Tenn., Va. & Ga. R. R., 446.

for graves.

18. Cemetery, right of way granted through edge of, not suitable Wood et al. vs. Mac. & B. R. R. et al., 539. 19. Delay in applying for injunction till large expenditures made, injunction not readily granted. Ibid.

20. South Carolina Railroad suable in Georgia by any person, though cause of action accrued elsewhere. So. Ca. R. R. vs. Nix, adm'r, 572.

21. Passenger ejected for failing to pay fare, offers fare before train starts, duty to receive it and admit him. Ibid.

22. Fare not paid, but offered before ejection, not ejected. Ibid. 23. Passenger ejected run over and disabled, that another train extinguished life immaterial. Ibid.

24. Declaration covers injury and is sufficient. Ibid.

25. Declaration amendable by stating as to second train. Ibid. 26. Employé without fault may recover for injury and general depreciation of power, though value of services not proved. Ga. So. R. R. vs. Neel, 609. (See 16, 36-39).

27. Value of services, if necessary to allege, point raised by demurrer. Ibid.

28. Shipment via certain route, goods delivered to different line, is conversion, and first road liable. Ga. R. R. vs. Cole & Co.,

623.

29. Acceptance of portion of goods at destination not waive claim for damage from delay. Ibid.

30. Live-stock contract, suit on not amended by alleging fraud in procuring contract. Michell vs. Ga. R. R., 644. (See 42-44 below.)

31. Live-stock, damages to, waivable, except from running of trains. Ibid.

32. Baggage not goods transported in meaning of $2084 of Code. Wolff vs. Central R. R., 653.

33. Baggage checked over through line with passenger, received damaged, first or last road liable. Ibid.

34. Baggage so checked, semble that each road in the line is liable, irrespective of point of spoliation. Ibid.

35. Jointly liable, are roads also? Quære. Ibid.

36. Employé without fault may recover. Baker vs. W. & A. R. R., 699. (See 16, 26 above).

37. Tools and materials, should furnish safe to employés. Ibid. 38. Employé knowingly using dangerous tool, no recovery. Ibid. 39. Superior employé, command of to use tool, not cause recovery. Ibid.

40. Defences open to railroad after injury to person or property established, discussed. Ga. R. R. vs. Thomas, 744.

41. Georgia Railroad, banking powers of, and right to take bond of officer, discussed. Simmons vs. Goodrich, trustee, 750. 42. Live stock, though released from attention, feeding, etc., if carried beyond destination, road becomes responsible for. Bryant & Lockett vs. S. W. R. R., 805. (See 30 above.) 43. Live stock shipped over two roads, and by mistake of first consigned to wrong place, second liable for inattention while there. Ibid.

44. Live stock, contract that road not liable except for gross negligence in not attending to; if carried beyond destination, not apply to that time. Ibid.

See Contracts, 35; Evidence, 12-18; Macon & Brunswick
R. R., 1-3.

RECEIVER.

1. Situation no better than that of failing factor as to estoppel from asserting claim. Crine & Daniel vs. Davis, receiver, 138.

2. Insolvent act of 1881, receiver, when appointed under. Collins vs. Myers & Marcus, 530.

RECORD. See Year's Support, 2; Deed, 3, 12, 16.

REMAINDER. See Estates, 1, 2, 3; Trusts and Trustees, 4.

REPAIRS. See Verdict, 10; Landlord and Tenant, 2-4.

REMOVAL OF CAUSES.

1. Judgment on application may be excepted to. Stafford vs. Hightower, 394.

2. Non-resident, not necessary to be, when suit begun, under act of 1875; sufficient to be at time of application. Ibid. (See 10 below.)

3. Citizenship in Alabama and Southern District of Georgia alleged sufficient. Ibid.

4. Subdivision of districts, and counties included, judicial cognizance of. Ibid.

5. Inferior court which can render final judgment, though appeal may lie, removal must be before trial term in, under act of 1875. Ibid.

6. Ordinary's court, on citation for settlement, after judgment and appeal, too late to remove. Ibid.

7. Dismissed, case after removal, not recommenced in state court in six months. Cox vs. East Tenn., Va. & Ga. R. R., 446. 8. Local prejudice, removal for at any time before hearing. Hammond vs. Buchanan, 728.

9. Act of 1867 not repealed by act of 1875. Ibid.

10. Non-resident, not necessary to be when suit begun, under local prejudice act. Ibid. (See 2 above.)

RES ADJUDICATA. See Judgments 1, 12, 14, 21, 23, 34; Illegality, 8; Auditor, 2.

RES GESTAE. See Evidence, 31.

RETRAXIT.

1. Defined. Cunningham et al. vs. Schley et al., 105.

2. Bars action forever. Ibid.

RIPARIAN RIGHTS. See Deed, 4.

ROADS AND BRIDGES. See Railroads, 17; Prescription, 4 ; Streets and Sidewalks.

SALES.

1. Representations of one partner to other in selling, derived from clerk of both and so known to be, though untrue, not avoid sale. Hunt vs. Hardwick & Co., 100.

2. Election, vendee on discovering fraud must make at once, to keep or rescind trade. Ibid.

3. Trust property, sale allowed by chancellor at chambers. Iverson et al. vs. Saulsbury, Respess & Co., 790.

See Trusts, 3, 5, 12; Contracts, 25-27.

SEED. See Contracts, 34.

SERVICE.

1. No return, illegality remedy. O'Bryan & Bros. vs, Calhoun, 215.

2. Return, traverse remedy. Ibid.

3. Traverse included in illegality, with officer as party. Ibid.
4. Depot agent of railroad operated by receivers of foreign road,
service on sufficient. Ga. So. R. R. vs. Bigelow, 219.

5. Re-enforced by service on sole resident director. Ibid.
6. Residence, copy left at, sufficient, though defendant absent.
Rogers vs. Craig, 286.

SET-OFF.

See Practice in Supreme Court, 30, 36-38; Injunction, 17.

1. Counsel's name entered for defendant on docket, set-off pleaded by amendment. Simon vs. Myers & Marcus, 1.

2. Notice of set-off not necessary. Ibid.

3. Continuance granted if plaintiff surprised. Ibid.

4. Defeat set-off, plaintiff cannot by dismissing. Ibid.

5. Nor by failing or refusing to prove claim. Ibid.

6. Dismiss suit and plead same cause as set-off, plaintiff may. Ibid.

7. Judgments set off against each other on motion. Langston vs. Roby et al., 406.

8. Judgments ex delicto and ex contractu set-off. Ibid.

9. Judgments set off, though attorney's lien defeated thereby. Ibid.

10. Administrator's bond sued on by heir, amount due by heir to make good insolvent claim, under decree, set-off. Groves, ordy, for use, vs. Williams, adm'r, et al., 598.

SHERIFF. See Levy and Sale, 2, 3; Statute of Limitations, 8; Title, 13; Jurors, 13.

SIDEWALKS. See Streets and Sidewalks.

SLANDER.

1. Minister charged with collecting funds for specific purpose and appropriating to his own use, actionable per se.

vs. Browne, 117.

See Libel.

SLAVES. See Title, 1, 2.

Elsas

SOUTH CAROLINA.

See Laws. 1-3, 6.

SOUTH CAROLINA RAILROAD. See Railroads, 20.

SOUTHWESTERN RAILROAD.

1. Taxation, rule as to. S. W. R. R. vs. Wright, comp. gen'l, et al., 311.

STABLE. See Nuisance, 1, 2.

STATE.

1. Sale of Macon and Brunswick Railroad valid. Wood et al.vs. Macon & B. R. R. et al., 539.

2. Construct road from Macon to Atlanta, company has right to. Ibid.

3. Dedication of ground to one use, inconsistent dedication not presumed. Ibid.

STATUTE OF FRAUDS. See Title. 4; Contracts, 30.

STATUTE OF LIMITATIONS.

1. Judgment foreclosing mortgage not dormant in seven years. Stiles vs. Elliott, ex'r, 83.

2. Illegality, act of 1869 not ground of; proper for defence. Ibid. 3. Twenty years from date when mortgage debt is due, suit within, stops statute. Ibid.

4. No bar under facts of this case. Ibid.

5. Administrator and securities, action against accruing prior to 1865 barred in 1875. Austin et al. vs. Raiford et al., 201.