Reports of Cases in Law and Equity, Argued and Determined in the Supreme Court of the State of Georgia, in the Year ..., 9권Edward O. Jenkins, 1851 |
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9 페이지
... H. Baldwin against John J. Bennett , from Bibb Inferior Court , was levied upon a negro by the name of Martin , in October , 1845 , as the property VOL IX 2 Bond and Bennett vs. Baldwin . of Bennett . A DECATUR , AUGUST TERM , 1850 . 9.
... H. Baldwin against John J. Bennett , from Bibb Inferior Court , was levied upon a negro by the name of Martin , in October , 1845 , as the property VOL IX 2 Bond and Bennett vs. Baldwin . of Bennett . A DECATUR , AUGUST TERM , 1850 . 9.
13 페이지
... levied upon the property in dis- pute , is not sent up . The rule of this Court is , that the plaintiff in error must bring up all the evidence , documentary or by parol , which is necessary to elucidate the questions made for review ...
... levied upon the property in dis- pute , is not sent up . The rule of this Court is , that the plaintiff in error must bring up all the evidence , documentary or by parol , which is necessary to elucidate the questions made for review ...
15 페이지
... levied upon . It was introduced to protect the title of the claimant . We hold that it was competent for the plaintiff in execution to attack it for fraud . The Act of Congress declares that the certificate may be plead as a full and ...
... levied upon . It was introduced to protect the title of the claimant . We hold that it was competent for the plaintiff in execution to attack it for fraud . The Act of Congress declares that the certificate may be plead as a full and ...
16 페이지
... , or was , in fact , the equitable owner of the very slave now levied on ; and that he held , and was owner of an interest in the firm of G. M. Logan Bond and Bennett vs. Baldwin . & Co. which are 16 SUPREME COURT OF GEORGIA .
... , or was , in fact , the equitable owner of the very slave now levied on ; and that he held , and was owner of an interest in the firm of G. M. Logan Bond and Bennett vs. Baldwin . & Co. which are 16 SUPREME COURT OF GEORGIA .
27 페이지
... levied on it as it was , and a claim had been interposed by William Wright , and they would have found the property subject , that their verdict in the present issue should be for the defendant ; and further , that if the creditors of ...
... levied on it as it was , and a claim had been interposed by William Wright , and they would have found the property subject , that their verdict in the present issue should be for the defendant ; and further , that if the creditors of ...
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affirmed agent alleged Allen answer appear assigned authority Bank of Macon Bennett bill bond cause certificate charge the Jury claim Common Law complainant contract counsel County Court of Equity Court of Ordinary Court.-LUMPKIN Crawford County creditors damages debt Decatur County decision declared decree deed defendant in error delivering the opinion duty entitled evidence excepted execution executor fact favor fendant filed Floyd County Frances Galt fraud Georgia grant held indictment Inferior Court injunction interest issue James McGehee John Judge STARK jurisdiction Justices land Leak Legislature Let the judgment levied lien Logan McCamey ment mortgage motion negro offence overruled owner paid party payment person plaintiff in error principal purchase money record road rule Savannah Sheriff slave sold Statute of Limitations Superior Court surety tender Term thereof tion trial Tried before Judge trust estate usury verdict void William witness Wylly
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550 페이지 - The state of slavery is of such a nature, that it is incapable of being introduced on any reasons, moral or political, but only by positive law, which preserves its force long after the reasons, occasion, and time itself from whence it was created, is erased from memory, it is so odious, that nothing can be suffered to support it, but positive law.
64 페이지 - Thurlow said that to set aside a conveyance there must be an inequality so strong, gross, and manifest that it must be impossible to state it to a man of common sense without producing an exclamation at the inequality of it.
41 페이지 - But if the public interest can be in any way promoted by the taking of private property, it must rest in the wisdom of the legislature to determine whether the benefit to the public will be of sufficient importance to render it expedient for them to exercise the right of eminent domain, and to authorize an interference with the private rights of individuals for that purpose (2 Kent's Com.
332 페이지 - In this and similar cases, the legislature alone can, and indeed frequently does, interpose, and compel the individual to acquiesce. But how does it interpose and compel? Not by absolutely stripping the subject of his property in an arbitrary manner, but by giving him a full indemnification and equivalent for the injury thereby sustained.
206 페이지 - Act. This, like many other cases, is a bargain between a company of adventurers and the public, the terms of which are expressed in the statute ; and the rule of construction, in all such cases, is now fully established to be this ; that any ambiguity in the terms of the contract must operate against the adventurers, and in favor of the public, and the plaintiffs can claim nothing that is not clearly given them by the Act.
56 페이지 - The Condition of this Obligation is such, that if the above bounden Administrator of all and singular the Goods Chattels and Credits of Deceased, do make or cause to be made a true and perfect Inventory of all and singular the Goods Chattels and Credits of the said Deceased...
153 페이지 - This rule is founded upon the plain and obvious consideration that the principal bargains, in the employment, for the exercise of the disinterested skill, diligence, and zeal of the agent for his own exclusive benefit. It is a confidence necessarily reposed in the agent that he will act with a sole regard to the interests of his principal as far as he lawfully may...
407 페이지 - And by consequence it follows, that if one does any other act, in itself lawful, which yet being done in that place necessarily tends to the damage of another's property, it is a nuisance: for it is incumbent on him to find some other place to do that act, where it will be less offensive.
242 페이지 - The question, whether a law be void for its repugnancy to the constitution, is, at all times, a question of much delicacy, which ought seldom, if ever, to be decided in the affirmative in a doubtful case.
537 페이지 - the holy fathers, monks and friars, had in their confessions, and specially in their extreme and deadly sickness, convinced the laity how dangerous a practice it was, for one Christian man to hold another in bondage : So that temporal men by little and little, by reason of that terror in their consciences, were glad to manumit all their villeins.