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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67개의 결과 중 1 - 5개
16 페이지
... plea of the statute of limitations . But suppose the evidence had been fairly and fully set forth , as it was given in on the hearing before the arbitrators , Anderson vs. Taylor . could the Court then have set 16 SUPREME COURT OF GEORGIA .
... plea of the statute of limitations . But suppose the evidence had been fairly and fully set forth , as it was given in on the hearing before the arbitrators , Anderson vs. Taylor . could the Court then have set 16 SUPREME COURT OF GEORGIA .
44 페이지
... plea of the statute of limitations , and gave judgment for the plaintiffs . An appli- cation was made to the Judge of the Superior Court for a certiorari for alleged error in the ruling of the Justice , which was refused by the Judge ...
... plea of the statute of limitations , and gave judgment for the plaintiffs . An appli- cation was made to the Judge of the Superior Court for a certiorari for alleged error in the ruling of the Justice , which was refused by the Judge ...
49 페이지
... plea be- gan , " and now come the defendants , S. A. Thornton and L. C. Sale , by their attorney , C. B. Wooten , " and proceeds to set up as a defense that said note was given in part payment for a plantation , at $ 10 00 per acre ...
... plea be- gan , " and now come the defendants , S. A. Thornton and L. C. Sale , by their attorney , C. B. Wooten , " and proceeds to set up as a defense that said note was given in part payment for a plantation , at $ 10 00 per acre ...
76 페이지
... refused to permit the defendant's counsel to be heard to make any objection to the rendition of a judgment against him , on the ground that he had filed no plea : Durden vs. Carhart & Brother . Held , That this 76 SUPREME COURT OF GEORGIA .
... refused to permit the defendant's counsel to be heard to make any objection to the rendition of a judgment against him , on the ground that he had filed no plea : Durden vs. Carhart & Brother . Held , That this 76 SUPREME COURT OF GEORGIA .
77 페이지
... plea he is in de- fault , and cannot introduce evidence ; but this , under the long estab- lished practice in Georgia , does not entitle the plaintiffs to a judgment till they have made out their case by proof , and the defendant ...
... plea he is in de- fault , and cannot introduce evidence ; but this , under the long estab- lished practice in Georgia , does not entitle the plaintiffs to a judgment till they have made out their case by proof , and the defendant ...
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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...