Homicide in mutual combat, see Homicide, § 63. See Waters and Water Courses, §§ 176, 179.
§ 1. A municipality, under its general welfare clause, may by ordinance regulate, in the interest of public health, the sale of milk and milk products.-Rigbers v. City of Atlanta (Ga. App.) 991.
$5. If a municipality is authorized to prescribe standard grades of foodstuffs to protect the public from imposition, it cannot absolute
Power to fill in in contracts, see Contracts, § 39. ly prohibit the sale of useful commodities not
coming up to the prescribed standard.-Rigbers v. City of Atlanta (Ga. App.) 991.
general welfare clause, to prohibit the sale of $ 5. Extent of municipality's right, under its ice cream, stated.-Rigbers v. City of Atlanta (Ga. App.) 991.
FORCIBLE ENTRY AND DETAINER.. Actions for unlawful detainer of demised prem ises, see Landlord and Tenant, § 291. Summary proceedings by landlord for recovery of demised premises, see Landlord and Tenant, $ 299.
I. CIVIL LIABILITY.
§ 6. Civ. Code 1895, § 4808 et seq.. providing for the eviction of intruders from land, applies only to persons entering in bad faith, and not to persons entering in good faith and claiming the right to possession.-Sheats v. Blair (Ga. App.) 812.
§ 20. In proceedings to eject an intruder from possession of land, under Civ. Code 1895, $ 4808 et seq., a counter affidavit was properly eviction, after three days, but before actual accepted by the officer exhibiting warrant of eviction.-Sheats v. Blair (Ga. App.) 812.
§ 29. Evidence held to show that defendant, sought to be evicted from land as an intruder, under Civ. Code 1895, § 4808 et seq., held the land in good faith, claiming the right to possession.-Sheats v. Blair (Ga. App.) 812.
$ 43. A justice's summons in unlawful detainer, defective for insufficient description of the property may be amended on appeal to the circuit court.-Bennett v. Hollinger (W. Va.) 502.
Duty of carrier to stop for passenger, see Car Of liens in general, see Liens, § 21. riers, § 265.
Instructions relating to evidence of flight of accused, see Criminal Law, § 784.
Of accused as proof of corpus delicti, see Criminal Law, § 563.
Of mortgage, see Chattel Mortgages, §§ 280, 284; Mortgages, §§ 338-372.
Of tax liens, see Municipal Corporations, § 980.
FOREIGN ATTACHMENT.
See Garnishment.
For cases in Dec. Dig. & Amer. Digs. 1907 to date & Indexes see same topic & section (§) NUMBER
FOREIGN CORPORATIONS.
See Corporations, §§ 661, 670; Railroads, § 33.
Insurance companies, see Insurance, § 18.
FOREIGN GUARDIANSHIP.
See Guardian and Ward, § 168.
FOREIGN JUDGMENTS.
See Judgment, § 821.
Evidence as to foreign statutes, see Statutes, &
289.
Presumptions as to laws of other states, see Evi-
dence, § 80.
Conveyances and transactions fraudulent as to
creditors or subsequent purchasers, see Fraud-
ulent Conveyances.
Limitation of actions for relief on ground of
fraud, see Limitation of Actions, § 99.
Offenses involving fraud, see False Pretenses.
Offenses involving fraud, receiving deposits aft-
er insolvency of bank, see Banks and Bank-
ing, $$ 84, 85.
Parol or extrinsic evidence to show fraud, see
Evidence, § 434.
By particular classes of persons, or persons in
particular relations.
Bank, see Banks and Banking, § 63.
Purchasers, see Vendor and Purchaser, § 239.
Vendors of land, see Vendor and Purchaser, §
33.
In particular classes of conveyances, contracts,
transactions, or proceedings.
See Bills and Notes, § 373.
Operation and effect of foreign probate or judg- Deed of standing timber, see Logs and Logging,
ment, see Wills, § 434.
FORFEITURES.
Payment of forged or altered paper by bank,
see Banks and Banking, § 149.
Sales, see Vendor and Purchaser, § 33.
Particular remedies.
Concurrent jurisdiction of courts of law and
equity, see Equity, § 44.
(A) Rights of Action and Defenses.
Concurrent jurisdiction of courts of law and
equity, see Equity, § 44.
Legislative power to declare insolvency of bank
presumptive evidence of fraud, see Constitu-
tional Law, § 55.
§ 31. The buyer, though rescinding contract
of purchase for fraudulent misrepresentations,
may recover special damages for injury to busi-
ness.-American Pure Food Co. v. G. W. Elliott
& Co. (N. C.) 451.
$58. Evidence held insufficient for recovery
of damages for injury to a buyer's business from
resale to his customers before learning of his
seller's misrepresentation as to quality of goods.
-American Pure Food Co. v. G. W. Elliott &
Co. (N. C.) 451.
§ 58. Facts admitted to be true, or clearly
proved inconsistent with fair dealing, will out-
weigh the unsupported testimony of persons
charged with fraud.-Harvey v. Nutter (W. Va.)
363.
III. CRIMINAL RESPONSIBILITY.
See False Pretenses.
Law creating presumption of fraud on insol-
vency of bank and authorizing punishment
therefor as providing for imprisonment for
debt, see Constitutional Law, § 83.
Receiving deposits after insolvency of bank, see
Banks and Banking, §§ 84, 85.
FRAUDS, STATUTE OF.
VI. REAL PROPERTY AND ESTATES
AND INTERESTS THEREIN.
§ 63. Parol admissions or declarations are
not sufficient to divest legal title to an interest
in land.-Garrett v. South Penn. Oil Co. (W.
Va.) 741.
71. Under Civ. Code 1895, § 2693, subd.
4, contract for sale of land must be in writing,
signed by the party charged or his authorized
agent.-Hill v. Jones (Ga. App.) 1099.
IX. OPERATION AND EFFECT OF
STATUTE.
§ 129. Partial payment, accompanied by pos-
session under a contract not in writing, held
such part performance as will take the contract
out of the statute, under Civ. Code 1895, §
4037.-Hill v. Jones (Ga. App.) 1099.
§ 129. Payment of price under a parol con-
tract for land does not take it out of the stat-
ute of frauds, nor confer equitable title.-Lips-
comb v. Lipscomb (W. Va.) 8.
§ 131. A contract in writing under the stat-
ute of frauds cannot be modified by a parol
agreement.-Moore v. Collier (Ga.) 1080.
§ 139. An executed contract for the sale of
goods held not within the statute of frauds.-
W. F. Maine & Co. v. Howell (Ga. App.) 804.
§ 143. A tort-feasor when sued for an injury
to land cannot object that a contract for sale
of the land to plaintiff which had been executed
was unenforceable in equity for noncompliance
with the statute of frauds.-Virginian Ry. Co.
v. Jeffries' Adm'r (Va.) 731.
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§ 47. Act Aug. 17, 1903 (Acts 1903, p. 92),
regulating the sale of merchandise in bulk, does
not apply to a sale of all lumber manufactured
at a sawmill.-Cooney, Eckstein & Co. v. Sweat
(Ga.) 257.
(H) Preferences to Creditors.
$121. In a suit by a creditor, under Code
1899, c. 74, § 1 (Code 1906, § 3099), to set
aside a conveyance by a debtor as fraudulent,
evidence held insufficient to impeach such con-
veyance.-De Moss v. McGee (W. Va.) 525.
(J) Knowledge and Intent of Grantee.
§ 170. A deed from a husband to his wife
with intent to defraud creditors is void as
against existing obligations, whether the wife
had knowledge of the fraud or not.-Graeber v.
Sides (N. C.) 600.
II. RIGHTS AND LIABILITIES OF
PARTIES AND PURCHASERS.
(A) Original Parties.
$179. Lands purchased by a husband to de-
fraud the vendor's creditors and conveyed to
the wife may be subjected to the existing debts
of the husband.-Citizens' Bank of Weston v.
Wilfong (W. Va.) 636.
(C) Purchasers from Grantee in General.
194. A volunteer claiming under a party to
a fraudulent conveyance is not protected.-Cit-
izens' Bank of Weston v. Wilfong (W. Va.)
636.
§ 194. Creditors of a vendor held entitled to
set aside a fraudulent conveyance of land pur-
chased by a husband made to his wife who had
paid nothing therefor.-Citizens' Bank of West-
on v. Wilfong (W. Va.) 636.
III. REMEDIES OF CREDITORS AND
PURCHASERS.
(A) Persons Entitled to Assert Invalidity.
§ 206. The liability of a principal to indem-
nify a surety on a bond is an existing liability,
when the bond is executed within the rule that
is void as to existing obligations.-Graeber v.
a conveyance with intent to defraud creditors
Sides (N. C.) 600.
(D) Jurisdiction, Limitations, and Laches.
Application of general statute of limitations, see
Limitation of Actions, § 99.
§ 271. The burden is upon a purchaser of
property alleged to be conveyed to defraud cred-
itors to show that he bought it for a valuable
consideration and without notice.-Crockett v.
Bray (N. C.) 666.
§ 277. A deed, in consideration of future sup-
port of a grantor, held void as against existing
creditors.-Shurtleff v. Right (W. Va.) 719.
$ 295. Badges of fraud, relating to other
property subsequent to the conveyance assailed,
the relationship of parties, etc., held insuffi-
cient to justify the vacation of an alleged fraud-
ulent conveyance when negatived by other evi-
dence.-Citizens' Bank of Weston v. Wilfong
(W. Va.) 636.
§ 308. In an action to quiet title to land,
whether plaintiff purchased the land for a valu-
able consideration and without notice held to be
for the jury.-Crockett v. Bray (N. C.) 666.
(J) Judgment or Decree and Execution.
Conformity to pleadings, see Judgment, § 251.
Freehold qualification for membership in city
council, see Municipal Corporations, § 138.
Carriage of goods, see Carriers, §§ 44-185.
Carriage of live stock, see Carriers, §§ 228, 229.
Frightening animals at railroad crossing, see
Railroads, § 305.
Frightening animals on street, see Municipal
Corporations, & 705.
§ 7. Measure of damages for breach of con-
II. PERSONS AND PROPERTY SUB- tract of sale of good will stated.-Shaw v.
Jones, Newton & Co. (Ga.) 240.
JECT TO GARNISHMENT.
$56. A garnished bank, paying checks of the
debtor, when his account was overdrawn from
funds furnished by a third person, held not lia-
ble as garnishee for the amount so paid.-R. C.
Neely Co. v. Bank of Waynesboro (Ga. App.)
1099.
V. LIEN OF GARNISHMENT AND
LIABILITY OF GARNISHEE.
Distribution of governmental powers, see Consti-
tutional Law, §§ 52-68.
Judicial notice of proclamations, see Criminal
Law, § 304.
§ 105. A garnishee by the garnishment pro-
ceedings cannot be placed in any worse condi-
tion than he would be if defendant's claims
against him were enforced by defendant him- Elevators, see Warehousemen.
self.-R. C. Neely Co. v. Bank of Waynesboro
(Ga. App.) 1099.
§ 108. A garnishee by mere service of the
garnishment held not to acquire a right of pri-
ority over other creditors without regard to the
date of their respective judgments.-Patterson
v. Beck (Ga.) 911.
GRAND JURY.
See Indictment and Information.
Disqualification as ground for plea in abatement,
see Criminal Law, $ 278.
§ 18. Prior to indictment, the court may purge
the grand jury of persons likely to be partial
VI. PROCEEDINGS TO SUPPORT OR on information obtained from the defendant.
from an amicus curiæ or any other legitimate
$173. A verdict in a garnishment proceed-source.-Hall v. State (Ga. App.) 390.
ing held not insufficient because not specifying
the amount which the jury found against the
garnishee.-Harper v. Vickers (Ga. App.) 990.
Application of statute of frauds to grant of ex-
isting estates or interests in real property, see
Frauds, Statute of, § 63.
Gas lands, construction and operation of leases, Constitutional grant of powers in general, see
see Mines and Minerals, §§ 73-81.
GENERAL APPEARANCE.
See Appearance, § 8.
GENERAL DEMURRER.
See Pleading, § 205.
§ 47. In injunction proceedings by an execu-
tor to restrain the holder of two bonds, claimed
to belong to the estate of his testatrix, from col-
Constitutional Law, $ 26.
Of public lands, see Public Lands.
See Indemnity; Principal and Surety.
GUARDIAN AD LITEM.
In action by or against infant, see Infants, § 81
GUARDIAN AND WARD.
See Parent and Child.
Authority to order sale by administrator for
settlement with foreign guardian, see Execu-
tors and Administrators, § 321.
II. APPOINTMENT, QUALIFICATION,
AND TENURE OF GUARDIAN.
Appeal from court of ordinary in proceedings for
revocation of letters, see Courts, § 202.
§ 13. An appeal lies from revocation of let-
ters of guardianship to the superior court,
though no issue of fact be involved, under Civ.
Code 1895, § 4454.-Teasley v. Vickery (Ga.)
918.
§ 17. An order appointing a guardian held
not subject to collateral attack because the
guardian was a married woman.-Sturtevant v.
Robinson (Ga.) 890.
Authority to order sale by administrator for set-
tlement with foreign guardian, see Executors
and Administrators, § 321.
Sale by administrator for settlement with for-
eign guardian, see Executors and Administra-
tors, § 141.
§ 168. Under Civ. Code 1895, § 2588, a for-
eign guardian's application for transfer of prop-
erty of his ward held based on sufficient notice
to the resident guardian and administrator.-
Sturtevant v. Robinson (Ga.) 890.
$30. A judgment, though founded on no
evidence, is not void, so as to be subject to at-
tack by habeas corpus, where defendant has ac-
tually or constructively had his day in court.--
Davis v. Smith (Ga. App.) 401.
§ 30. A conviction can be attacked by ha-
beas corpus only where void.-Davis v. Smith
(Ga. App.) 401.
II. JURISDICTION, PROCEEDINGS,
AND RELIEF.
Act authorizing father to convey custody of
child against wishes of mother without per-
mitting judicial investigation as encroachment
on judiciary, see Constitutional Law, § 52.
Failure to provide for investigation by habeas
corpus in act relating to custody of children
as deprivation of liberty without due process
of law, see Constitutional Law, § 307.
§ 85. In habeas corpus by the mother to se-
cure the custody of infant children conveyed by
the father to another, evidence held not to
show that she was unfit to have custody of the
children, or had forfeited her right to have their
custody.-Tillman v. Tillman (S. C.) 1049.
$99. The rights of a father as to the custody
and control of his child stated.-Ex parte Tur-
ner (N. C.) 431.
$99. In view of the repeal by Rev. St. 1872,
c. 101, § 12, of Act June 21, 1748 (3 St. at
Large, p. 707), held that the father could dis-
pose of the custody of his children during his
lifetime to the extent permitted by Civ. Code
1902, §§ 2689, 2690.-Tillman v. Tillman (S. C.)
1049.
§ 99. Even where the right of custody to
very young female children arises between the
father and mother, the court will usually give
them to the mother, unless there are strong rea-
sons for not doing so.-Tillman v. Tillman (S.
C.) 1049.
§ 99. A mother's lack of education and
faults of disposition, though somewhat excess-
ive, do not justify the father in taking the
children from her and conveying their custody
to another.-Tillman v. Tillman (S. C.) 1049.
$99. The consideration which should be giv-
en to the father's wishes as to the custody of
children in habeas corpus proceedings by the
$ 168. On an application by a foreign guard- mother to obtain their custody, after they had
ian for transfer of his ward's estate, a properly been conveyed to another by the father, stated.
authenticated exemplification showing compli--Tillman v. Tillman (S. C.) 1049.
ance with Civ. Code 1895, § 2588, held suffi-
cient proof of the domicile of the applicant and
his ward.-Sturtevant v. Robinson (Ga.) 890..
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§ 99. The respective rights of the father and
mother to custody of the children stated.-Till-
man v. Tillman (S. C.) 1049.
$99. Under Civ. Code 1902, §§ 2689, 2690. a
father's deed would be ineffectual to convey the
custody of his children to another against the
mother's wishes, and irrespective of her fitness
to have custody of them.-Tillman v. Tillman
(S. C.) 1049.
$99. An agreement between husband and
wife, made in contemplation of their separation,
providing for the alternate custody of the chil-
dren for a year, was annulled by their subse-
quent reconciliation and renewal of cohabita-
tion.-Tillman v. Tillman (S. C.) 1049.
§ 113. A sheriff or other custodian may main-
tain writ of error to review a judgment in ha-
beas corpus releasing a prisoner.-Davis v. Smith
(Ga. App.) 401.
Defense of habitation as justification for homi-
cide, see Homicide, § 302.
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