133.

Certification of constitutional questions to Supreme Court, see Courts, § 217. Certification of questions for determination as between particular appellate courts, see Courts, 217.

Certified copies of public or official acts and records as evidence, see Evidence, §§ 341, 345.

Of acknowledgment of written instrument, see Acknowledgment, $$ 36, 39.

Of record for purpose of review, see Appeal and Error, §§ 613, 615.

CERTIFIED COPIES.

Of public or official acts and records as evidence, see Evidence, §§ 341, 345.

CERTIORARI.

see Lotteries.

Instructions to jury, see Criminal Law. §§ 756–

762, 782-829; Trial, §§ 191-296.

CHARTER.

Corporate charters in general, see Municipal Corporations, § 48.

CHATTEL MORTGAGES.

Transfers operating to hinder, delay, or defraud creditors in general, see Fraudulent Conveyances.

I. REQUISITES AND VALIDITY. (A) Nature and Essentials of Transfers of Chattels as Security.

§ 17. Any interest in property, whether legal or a mere equity, may be mortgaged.-Fountain v. Fountain (Ga. App.) 1020.

§ 17. A cropper held to have a mortgageable interest in growing crops, notwithstanding Civ. Code 1895, § 3129, gives the title and right of

Review in particular proceedings. Before justices of the peace, see Justices of the Peace, §§ 205-209.

Correction of transcript in criminal prosecution, see Criminal Law, § 1110. Criminal prosecutions, see Criminal Law, § 1076.

II. PROCEEDINGS AND DETER

MINATION.

tain v. Fountain (Ga. App.) 1020.

§ 33. Absolute bill of sale intended only as security for a debt held an equitable mortgage, entitling the holder to bring trover to recover possession on default.-Ellison & Chew v. Wilson (Ga. App.) 631.

III. CONSTRUCTION AND OPERA

TION.

(D) Lien and Priority.

1076.

ceipts, accompanied by indorsement upon the mortgage and note and surrender thereof, held to make the new security inferior to an intervening mortgage.-Farkas v. Third Nat. Bank (Ga.) 926.

§ 138. In an action by a landlord claiming property levied on under a chattel mortgage of the cropper, a charge on the interest of the landlord held erroneous, under Civ. Code 1895, § 3129.-Fountain v. Fountain (Ga. App.) 1020.

138. Notwithstanding Civ. Code 1895, 8 3129, and in view of section 2727, held, that an unrecorded chattel mortgage on growing crop cannot be defeated by applying a portion of the mortgaged property to a debt existing when the mortgage was made.-Fountain v. Fountain (Ga. App.) 1020.

§ 140. Superiority of a purchase-money chattel mortgage over an antecedent common-law judgment against the buyer held not affected by the fact that in addition to the mortgage the seller took personal security.-Luke v. Cason (Ga. App.) 493.

§ 140. A purchase-money chattel mortgage is superior to an antecedent common-law judgment against the buyer.-Luke v. Cason (Ga. App.) 493.

IV. RIGHTS AND LIABILITIES OF PARTIES.

§ 172. Absolute bill of sale intended only as security for a debt held an equitable mortgage, entitling the holder to bring trover to recover possession on default.-Ellison & Chew v. Wilson (Ga. App.) 631.

VII. REMOVAL OR TRANSFER OF PROPERTY BY MORTGAGOR.

(B) Criminal Responsibility. Venue of prosecution, see Criminal Law, § 108.

§ 230. Transfer of a portion of a tenant's mortgaged crop to a landlord in settlement for rent and a claim for supplies held not an offense, unless fraudulent or collusive.-Ham v. State (Ga. App.) 22.

VIII. PAYMENT OR PERFORMANCE OF CONDITION, RELEASE, AND

SATISFACTION.

CIVIL ACTION.

See Action.

CIVIL DAMAGE LAWS.

IX. FORECLOSURE.

As election of remedy preventing recovery in trover, see Election of Remedies, §§ 3. Computation of time of notice of sale, see Time, § 9.

§ 280. Where a delivery bond in chattel mortgage procedure is given under Civ. Code 1895, § 2766, in support of an affidavit of illegality which is dismissed, the bond is broken by a failure to produce the property for the sale.-Hogan v. Morris (Ga. App.) 550.

CIVIL RIGHTS.

Constitutional guaranty of civil rights, see Constitutional Law, §§ 83, 87.

Constitutional guaranty of trial by jury, see Jury, §§ 13, 33.

Denial of equal protection of laws, see Constitutional Law, §§ 212-247.

Deprivation of life, liberty, or property without due process of law, see Constitutional Law, §§ 253-307. Privileges or immunities and class legislation, see Constitutional Law, § 206. Protection of contract obligations, see Constitutional Law, §§ 118, 154.

CLAIM AND DELIVERY.

CLAIMS.

Against exempt property, see Homestead, § 103. Against insolvent corporations in general, see Corporations, § 566.

To property levied on, see Attachment, §§ 288294; Execution, §§ 194, 197.

CLOUD ON TITLE.

See Quieting Title.

COADMINISTRATOR.

See Executors and Administrators, § 124.

In civil actions, see Equity, §§ 136, 153; Pleading.

In criminal prosecutions, see Indictment and Information.

Of pain as part of res gestæ, see Evidence, § 128.

COMPOSITIONS WITH CREDITORS. See Compromise and Settlement.

COMPROMISE AND SETTLEMENT. See Accord and Satisfaction; Payment; Release. Protection of attorney against settlement of claim in litigation, see Attorney and Client, $ 190.

§ 5. A mere unaccepted proposal by plaintif to compromise a claim for damages for breach of contract did not bar plaintiff's right of action.-Smith v. Atlas Pocahontas Coal Co. (W. Va.) 746.

§ 23. Where plaintiff seeks, for fraud, to reopen a settlement closed by note, the burden of proof is on plaintiff.-Hale v. Owensby (Ga.) 781.

Formal conclusion of indictment, see Indictmcnt and Information, § 32.

Of law on trial by referee, see Reference, § 89. Of witness, see Criminal Law, §§ 448, 449; Evidence, §§ 470-482.

Pleading conclusions, see Pleading, § 8.

CONCLUSIVENESS.

Of allegations or admissions on party pleading, see Pleading, § 36.

Of certificate to record on appeal or other proceeding for review, see Appeal and Error, § 663.

Of election of remedy, see Election of Remedies, § 14.

Of judgments, see Judgment, §§ 654-741. Of verdict and findings, see Appeal and Error, §§ 999-1022.

CONCURRENT JURISDICTION.

Of courts in general, see Courts, §§ 475, 489. CONCURRENT NEGLIGENCE. Causing injuries from electricity, see Electrici ty, 8 17.

CONCURRENT REMEDIES.

See Election of Remedies.

CONDEMNATION.

Taking property for public use, see Eminent Domain.

CONDITIONAL SALES.

See Sales. § 479.

CONDITIONS.

In contracts and conveyances.

See Contracts, §§ 226, 227; Deeds, §§ 144-155;
Release, § 34.
Insurance policies, see Insurance, §§ 282, 335.
Insurance policies, statutory regulation of size
of type, see Insurance, § 133.

Sale, see Sales, § 479.

CONSERVATORS.

See Guardian and Ward; Insane Persons, § 32.

CONSIDERATION.

Of contracts in general, see Contracts, § 52. Parol or extrinsic evidence to show nature of consideration of contracts, see Evidence, §

419.

of frauds, see Frauds, Statute of.

Precedent to actions or other proceedings. By or against counties, see Counties, § 213. On forthcoming bond, see Execution, § 155. To enforce specific performance, see Specific Performance, §§ 97, 101.

CONDUCT.

Of counsel at trial, see Criminal Law, § 706.

CONFEDERATE VETERANS.

Necessity of license for sale of near beer, see Intoxicating Liquors, § 55.

CONFESSION.

failure of consideration of contract, see Evidence, § 432.

Statement of consideration in memorandum of contract within statute of frauds, see Frauds, Statute of, § 108.

Of particular classes of contracts. See Accord and Satisfaction, § 8; Deeds, § 19; Indemnity, § 3; Subscription, § 5. Conveyance or other transfer, sufficiency as to creditors of grantor or subsequent purchasers, see Fraudulent Conveyances, § 277.

See Factors.

CONSIGNMENT.

CONSOLIDATION.

535.

CONFIDENTIAL RELATIONS.

See Brokers; Factors; Guardian and Ward; Partnership; Principal and Agent; Trusts. Execution of bill or note in fiduciary capacity, see Bills and Notes, § 123.

CONFIRMATION.

Of judicial sales in general, see Judicial Sales, § 31.

CONFLICTING CLAIMS.

Determination of conflicting claims to real propcrty, see Quieting Title.

To property levied upon or garnished, see Execution, §§ 194, 197.

CONFLICTING TITLES.

Adverse possession under, see Adverse Possession, § 103.

CONFLICT OF LAWS

Actions for breach of contracts in general, see Contracts, § 325.

As to contracts in general, see Contracts, § 2. As to insurance contracts, see Insurance, § 125. As to liability for ejection of passenger, see Carriers, § 234.

As to liability of master for injury to servant, see Master and Servant, § 86. Conflicting jurisdiction of courts, see Courts, $$ 475, 489.

Presumptions as to laws of other states, see Evidence, $ 80.

CONJUGAL RIGHTS.

See Husband and Wife.

CONNECTING CARRIERS.

See Carriers, §§ 177, 185.

CONSENT.

Of parties to contracts in general, see Contracts, §§ 92, 99.

To jurisdiction on appeal from justice's court, see Justices of Peace, § 141.

tions, § 590.

CONSTITUTIONAL LAW.

Appellate jurisdiction of actions involving constitutional questions, see Courts, § 217. Certification of constitutional questions to Supreme Court, see Courts, § 217.

Status of states under Constitution of United States, see States, § 4.

Provisions relating to particular subjects. See Intoxicating Liquors, § 15; Taxation, § 47.

Enactment and validity of statutes, sce StatLicenses for occupations and privileges, see Liutes, §§ 18, 64. Prosecutions for violation of municipal ordinancenses, § 7. ces, see Municipal Corporations, § 641. Regulation of commerce, see Commerce, § 14. Subjects and titles of statutes, see Statutes, §§ 114, 118.

II. CONSTRUCTION, OPERATION, AND ENFORCEMENT OF CONSTITUTIONAL PROVISIONS. Operation of statute unconstitutional in part, see Statutes, § 64.

§ 26. Continuance for absence of nonresident witness whose deposition could have been taken, held properly denied.-Mate Creek Coal Co. v. Todd (W. Va.) 1066.

§ 46. The constitutionality of a provision of a statute imposing forfeitures or penalties will not be determined in a proceeding where no effort is being made to enforce such forfeiture or penalty.-Carswell v. Wright (Ga.) 905.

$ 46. Where an assessment of taxes was valid independent of a certain statute, the constitutionality of such statute will not be determined. -Camp Mfg. Co. v. Commonwealth (Va.) 224.

§ 48. If a statute may be reasonably construed so as to make it constitutional, the court should adopt such construction, though it is a less obvious construction than another which would render it unconstitutional.-Tillman v. Tillman (S. C.) 1049.

§ 48. Mode of determining constitutionality of statute on which practical construction has been placed, stated.-Scottish Union, etc., Ins. Co. v. City of Winchester (Va.) 84.