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 86
Page 11
... record as part thereof , in all respects as though they had been copied out into the brief of evi- dence , and the brief so formed was examined , approved and filed in office . On exception to the overruling of the motion for new trial ...
... record as part thereof , in all respects as though they had been copied out into the brief of evi- dence , and the brief so formed was examined , approved and filed in office . On exception to the overruling of the motion for new trial ...
Page 12
... record - particularly the docu- mentary part thereof , is not authenticated in the bill of Gordon vs. Mitchell . exceptions and record , so as 12 SUPREME COURT OF GEORGIA .
... record - particularly the docu- mentary part thereof , is not authenticated in the bill of Gordon vs. Mitchell . exceptions and record , so as 12 SUPREME COURT OF GEORGIA .
Page 13
... record by the clerk and become a part of the record in this case , in all respects as if the same had been copied in the above agreed and approved brief of evidence . This the fourth day of April , 188- . " This was agreed to by counsel ...
... record by the clerk and become a part of the record in this case , in all respects as if the same had been copied in the above agreed and approved brief of evidence . This the fourth day of April , 188- . " This was agreed to by counsel ...
Page 14
... record , as well as referred to in the bill of exceptions . It differs from 64 Ga . , 668 in this , that from the agree- ment here it appears that copies , and not orignal office pa- pers , such as interrogatories , indictments and ...
... record , as well as referred to in the bill of exceptions . It differs from 64 Ga . , 668 in this , that from the agree- ment here it appears that copies , and not orignal office pa- pers , such as interrogatories , indictments and ...
Page 27
... record fully accords with the action of the judge in striking those portions of the bill of exceptions - such portions referring to writ- ten demurrers of record . 4. Where defendant demurred to the second ground of amended ille- gality ...
... record fully accords with the action of the judge in striking those portions of the bill of exceptions - such portions referring to writ- ten demurrers of record . 4. Where defendant demurred to the second ground of amended ille- gality ...
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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.