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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Results 1-5 of 79
Page 23
... ground of defence , but was direct- ly in conflict with that actually set up , is no ground for a new trial on behalf of the defendant . New Trial . Trover . Newly Discovered Evidence . Be- fore Judge UNDERWOOD . Polk Superior Court ...
... ground of defence , but was direct- ly in conflict with that actually set up , is no ground for a new trial on behalf of the defendant . New Trial . Trover . Newly Discovered Evidence . Be- fore Judge UNDERWOOD . Polk Superior Court ...
Page 27
... ground of illegality because it was an amended ground without swearing that defendant did not know of that ground when the original affidavit was filed , was stricken from the bill of exceptions , and no such objection appears anywhere ...
... ground of illegality because it was an amended ground without swearing that defendant did not know of that ground when the original affidavit was filed , was stricken from the bill of exceptions , and no such objection appears anywhere ...
Page 28
... ground alone , and quashed the fi . fa . Plaintiffs excepted . For the other facts see the decision . S. B. HATCHER , for plaintiffs in error . J. M. RUSSELL , by S. W. GOODE , for defendant . JACKSON , Chief Justice . I. When we ...
... ground alone , and quashed the fi . fa . Plaintiffs excepted . For the other facts see the decision . S. B. HATCHER , for plaintiffs in error . J. M. RUSSELL , by S. W. GOODE , for defendant . JACKSON , Chief Justice . I. When we ...
Page 30
... ground was not known when the original affidavit of illegality was taken , and confines the ground to the single point that the judgment did not authorize the execution ; that the execution did not follow it . And the transcript of the ...
... ground was not known when the original affidavit of illegality was taken , and confines the ground to the single point that the judgment did not authorize the execution ; that the execution did not follow it . And the transcript of the ...
Page 35
... ground of error alleged is the refusal of the court to charge the jury that if , when the applica . tion was made , each of the partners had withdrawn all their capital from the firm , then the applicant was not en- titled to exemption ...
... ground of error alleged is the refusal of the court to charge the jury that if , when the applica . tion was made , each of the partners had withdrawn all their capital from the firm , then the applicant was not en- titled to exemption ...
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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.