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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4 페이지
... suit , to accomplish that object in the Common Law Court . This bill is not multifarious , accord- ing to the ruling of this Court , in Butler and others vs. Durham , 2 Kelly , 413 . Let the judgment of the Court below be reversed . No ...
... suit , to accomplish that object in the Common Law Court . This bill is not multifarious , accord- ing to the ruling of this Court , in Butler and others vs. Durham , 2 Kelly , 413 . Let the judgment of the Court below be reversed . No ...
6 페이지
... suit ; also , that a payment made on the notes , by the maker , was equivalent to a new promise , if made within six years preceding the com- mencement of the suit . " The Jury found a verdict for the plaintiff . Whereupon , coun- sel ...
... suit ; also , that a payment made on the notes , by the maker , was equivalent to a new promise , if made within six years preceding the com- mencement of the suit . " The Jury found a verdict for the plaintiff . Whereupon , coun- sel ...
30 페이지
... suit upon the notes , in a Justice's Court in Crawford County , against the defendant , who filed a plea of usury to the same . On the trial , the Jury returned a verdict for the principal alone due on the notes . A certiorari was taken ...
... suit upon the notes , in a Justice's Court in Crawford County , against the defendant , who filed a plea of usury to the same . On the trial , the Jury returned a verdict for the principal alone due on the notes . A certiorari was taken ...
37 페이지
... suit , was a competent witness for the latter . In the case before us - the maker not being sued , or at any rate , served we are inclined to think that he was competent , even without a release . If the defence failed , he would be an ...
... suit , was a competent witness for the latter . In the case before us - the maker not being sued , or at any rate , served we are inclined to think that he was competent , even without a release . If the defence failed , he would be an ...
57 페이지
... suit . Which motion was sustained by the Court , and a non - suit was awarded , " for the reason that these letters testamentary only gave the executor power over the " goods and chattels , " " rights and credits , " and this action ...
... suit . Which motion was sustained by the Court , and a non - suit was awarded , " for the reason that these letters testamentary only gave the executor power over the " goods and chattels , " " rights and credits , " and this action ...
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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.