Reports of Cases in Law and Equity: Argued and Determined in the Supreme Court of the State of Georgia, 41권Edward O. Jenkins, 1871 |
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9 페이지
... dismissed the cause . The same disposition was made of S. S Barnard , plaintiff in error vs. David McMurray , motion to set aside a judg- ment from Baker . J. E. Bower for plaintiff in error . In neither was there any appearance for the ...
... dismissed the cause . The same disposition was made of S. S Barnard , plaintiff in error vs. David McMurray , motion to set aside a judg- ment from Baker . J. E. Bower for plaintiff in error . In neither was there any appearance for the ...
33 페이지
... dismissed , on motion , on two grounds : 1st , that all the evidence in said case on the trial in the Court below , was not embraced in the bill of exceptions , as required by the rules of this Court ; and 2d , on the ground that the ...
... dismissed , on motion , on two grounds : 1st , that all the evidence in said case on the trial in the Court below , was not embraced in the bill of exceptions , as required by the rules of this Court ; and 2d , on the ground that the ...
34 페이지
... dismissed : See Beall vs. Scott , 4th Ga . , 525 ; Leak vs. McDowell , 6th Ga . , 264 ; 6th Ga . , 317 . The Act organizing this Court under which those rulings were made , provides that , if any Clerk shall fail or refuse to send up ...
... dismissed : See Beall vs. Scott , 4th Ga . , 525 ; Leak vs. McDowell , 6th Ga . , 264 ; 6th Ga . , 317 . The Act organizing this Court under which those rulings were made , provides that , if any Clerk shall fail or refuse to send up ...
35 페이지
... dismissed , unless the party has applied for the writ of mandamus to compel him to send it up . That was the legal diligence required by this Court ; and if that was wanting the case was at an end . The diligence which was then required ...
... dismissed , unless the party has applied for the writ of mandamus to compel him to send it up . That was the legal diligence required by this Court ; and if that was wanting the case was at an end . The diligence which was then required ...
36 페이지
... dismissed . But the present statute , in express terms , requires vigilance on the part of the suitor to save his rights in such case . But we are asked , what damage has the defendant in error sustained by the Clerk's failure to ...
... dismissed . But the present statute , in express terms , requires vigilance on the part of the suitor to save his rights in such case . But we are asked , what damage has the defendant in error sustained by the Clerk's failure to ...
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administrator affidavit aforesaid alleged arbitrators assigned as error attorney averred award Bibb county bill of exceptions Bond Cartersville cause certiorari charged the jury claim Clerk Company complainant Confederate contract cotton Court erred Court of Equity Court of Ordinary creditors debts deed defendant in error defendant's counsel demurrer dismissed equity evidence executors facts Felton filed fraud Georgia granted ground guardian held husband illegal intent intestate issue James James Bond John Micajah Jones Judge jurisdiction jury found land Lane Latimer lien lots marriage MCCAY ment motion Ordinary overruled paid parties Paterson payment plaintiff in error plea pleaded possession purchase record refused Remley rent rule Schley sheriff slaves sold Southern Express Company statute of limitations Stephen Baxter sued Superior Court Term testator testified Thalia Peters tion trial trustee verdict void wife witness
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256 페이지 - Court that from prejudice or local influence he will not be able to obtain justice in such State Court...
72 페이지 - That no contract for the sale of any goods, wares, and merchandise, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part payment, or that some note or memorandum in writing of the said bargain be made and signed by the parties to be charged by such contract, or their agents thereunto lawfully authorized.
699 페이지 - Kent, or the custom of any borough, or any other particular custom, shall be in writing, and signed by the party so devising the same, or by some other person in his presence and by his express directions, and shall be attested and subscribed in the presence of the said devisor by three or four credible witnesses, or else they shall be utterly void and of none effect.
319 페이지 - The principle of public policy is this; ex dolo malo non oritur actio. No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act.
666 페이지 - Certificates of stock shall be of such form and device as the Board of Directors may...
319 페이지 - ... this country, there the Court says, he has no right to be assisted. It is upon that ground the Court goes ; not for the sake of the defendant, but because they will not lend their aid to such a plaintiff. So, if the plaintiff and defendant were to change sides, and the defendant was to bring his action against the plaintiff, the latter would then have the advantage of it; for where both are equally in fault, potior est conditio defendentis.
255 페이지 - ... if the suit is one in which there can be a final determination of the controversy, so far as it concerns him, without the presence of the other defendants as parties in the cause...
319 페이지 - If, from the plaintiff's own stating or otherwise, the cause of action appears to arise ex turpi causa or the transgression of a positive law of this country, there the Court says he has no right to be assisted. It is upon that ground the Court goes; not for the sake of the defendant, but because they will not lend their aid to such a plaintiff.
319 페이지 - The objection that a contract is immoral or illegal as between plaintiff and defendant, sounds at all times very ill in the mouth of the defendant. It is not for his sake, however, that the objection is ever allowed ; but it is founded in general principles of policy, which the defendant has the advantage of, contrary to the real justice as between him and the plaintiff, by accident, if I may so say.
568 페이지 - That where any Real Estate shall be devised to a Trustee, without any express Limitation of the Estate to be taken by such Trustee, and the beneficial Interest in such Real Estate, or in the surplus Rents and Profits thereof, shall not be given to any Person for Life, or such beneficial...