Reports of Cases in Law and Equity, Argued and Determined in the Supreme Court of the State of Georgia, in the Year ..., Volume 68Edward O. Jenkins, 1883 - Equity |
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Page 21
... amended by adding two other grounds thereto of requests to charge , which were refused , and were substantially as follows : ( 1. ) That if the partnership between Cox & Gordon was dissolved , and Mitchell had notice thereof , and he ...
... amended by adding two other grounds thereto of requests to charge , which were refused , and were substantially as follows : ( 1. ) That if the partnership between Cox & Gordon was dissolved , and Mitchell had notice thereof , and he ...
Page 27
... amendment in his official certificate , so that this court may know that parts of it have been obliterated by his ... amended ille- gality , which was as follows : " There is no judgment to support the execution , it does not follow the ...
... amendment in his official certificate , so that this court may know that parts of it have been obliterated by his ... amended ille- gality , which was as follows : " There is no judgment to support the execution , it does not follow the ...
Page 28
... amended without the requisite affidavit that affiant did not know of the ground taken by the amendment when the original affidavit of illegality was made . All allusion to that point was stricken out of the bill of exceptions by having ...
... amended without the requisite affidavit that affiant did not know of the ground taken by the amendment when the original affidavit of illegality was made . All allusion to that point was stricken out of the bill of exceptions by having ...
Page 29
... amended ; especially as the amendment of the judge , in striking part of it , accords with the transcript of the record . Clayton & Webb vs. May . SEPTEMBER TERM , 1881 . 29.
... amended ; especially as the amendment of the judge , in striking part of it , accords with the transcript of the record . Clayton & Webb vs. May . SEPTEMBER TERM , 1881 . 29.
Page 30
... amendment strikes out all allusion , as ground of demurrer to the second amended affidavit of illegality , to the absence of an affidavit that the ground was not known when the original affidavit of illegality was taken , and confines ...
... amendment strikes out all allusion , as ground of demurrer to the second amended affidavit of illegality , to the absence of an affidavit that the ground was not known when the original affidavit of illegality was taken , and confines ...
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Common terms and phrases
action adm'r administrator affidavit agent alleged amendment amount application bill of exceptions bond brought certiorari Chief Justice Churchill et claim claimant Code complainant contract cotton counsel court erred court of equity court of ordinary CRAWFORD creditors damages debt decision declaration decree deed defendant in error demurrer discharge dismissed dollars equity evidence execution executor facts fendant filed fraud Georgia Railroad Georgia Southern Railroad Gordon county granted ground held homestead Ibid injunction Isom issue judge Judgment affirmed juror land levy liable lien Macon ment Mitchell mortgage motion negligence ordinary overruled paid party payment plaintiff in error plea pleaded possession purchase money question Railroad Company record recover refused rendered res adjudicata road rule set-off sheriff sheriff's deed sold SPEER statute sued suit Superior Court term testator testimony thereof tion trial trust verdict wife Williams witness writ
Popular passages
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.