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 |
From inside the book
Results 1-5 of 79
Page 21
... authority over them , the payment failed and the debt stood unsatisfied against the firm , just as it did before the illegal bargain was made . To say that a debt due Mitchell from Cox & Gordon was to be paid by the labor of convicts ...
... authority over them , the payment failed and the debt stood unsatisfied against the firm , just as it did before the illegal bargain was made . To say that a debt due Mitchell from Cox & Gordon was to be paid by the labor of convicts ...
Page 24
... authority , and therefore that the plaintiff , Bonds , could not claim a wrongful conversion thereof ; but as to the balance , they found that he had wrongfully converted it , and gave him a verdict for the said amount of $ 37.50 . This ...
... authority , and therefore that the plaintiff , Bonds , could not claim a wrongful conversion thereof ; but as to the balance , they found that he had wrongfully converted it , and gave him a verdict for the said amount of $ 37.50 . This ...
Page 34
... authority to seize or sell , except for certain specified debts , in which partnership debts are not included . Unless , therefore , partnership property is to be appro- priated to partnership debts , regardless of all individual rights ...
... authority to seize or sell , except for certain specified debts , in which partnership debts are not included . Unless , therefore , partnership property is to be appro- priated to partnership debts , regardless of all individual rights ...
Page 38
... authority in law , under this application and judgment thereon , to discharge from custody the principal obligor in this bond on any terms , except by satisfying the judgment . In the decision referred to the court say , " no bond is ...
... authority in law , under this application and judgment thereon , to discharge from custody the principal obligor in this bond on any terms , except by satisfying the judgment . In the decision referred to the court say , " no bond is ...
Page 39
... authority in law to take this bond , and the principal obligor was suffered to go at large , his discharge might be an escape , against which the officer , from reasons of public policy , would not be allowed by bond to indemni fy ...
... authority in law to take this bond , and the principal obligor was suffered to go at large , his discharge might be an escape , against which the officer , from reasons of public policy , would not be allowed by bond to indemni fy ...
Other editions - View all
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.