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 38
Page 27
... 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 of re ...
... 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 of re ...
Page 28
... illegality . Subsequently he amended it by adding new grounds , one of which was that the execution did not follow the judg ment . ( The fi . fa . was against T. D. May , J. W. Clayton and T. D. May & Co. ) The case went to the superior ...
... illegality . Subsequently he amended it by adding new grounds , one of which was that the execution did not follow the judg ment . ( The fi . fa . was against T. D. May , J. W. Clayton and T. D. May & Co. ) The case went to the superior ...
Page 30
... illegality , to the absence of an affidavit that 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 ...
... illegality , to the absence of an affidavit that 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 ...
Page 65
... illegality is not the proper remedy to arrest an execu- tion and set aside a judgment , upon the ground that at the time of its rendition by the court , as being by default , there was an issu able plea of file and undisposed of . Such ...
... illegality is not the proper remedy to arrest an execu- tion and set aside a judgment , upon the ground that at the time of its rendition by the court , as being by default , there was an issu able plea of file and undisposed of . Such ...
Page 66
... illegality is not the proper remedy in such a case is too manifest for doubt . Code , $ 3671 , 3595 ; 63 Ga . , 510 ; 64 Ga . , 565 . 2. The defendant in error insists upon damages as his clear legal right in this case ; and this court ...
... illegality is not the proper remedy in such a case is too manifest for doubt . Code , $ 3671 , 3595 ; 63 Ga . , 510 ; 64 Ga . , 565 . 2. The defendant in error insists upon damages as his clear legal right in this case ; and this court ...
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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.