Reports of Cases in Law and Equity, Argued and Determined in the Supreme Court of the State of Georgia, in the Year ..., Volume 9Edward O. Jenkins, 1851 |
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... Evidence . Equity . Practice . Fraud ... 81. James M. Harper , adm'r , & c . vs. Lem . Smith . Ad- ministrator , with will annexed . 82. M. J. Cox , ex'r , vs. E. Bailey . several promisors ..... 449 Powers .. 461 New promise by one of ...
... Evidence . Equity . Practice . Fraud ... 81. James M. Harper , adm'r , & c . vs. Lem . Smith . Ad- ministrator , with will annexed . 82. M. J. Cox , ex'r , vs. E. Bailey . several promisors ..... 449 Powers .. 461 New promise by one of ...
Halaman 7
... evidence . Lessell , the witness , testified that the notes sued on were giv- en in part for property sold at the executor's sale . [ 2. ] The basis for the new trial is , that the defendant has re- cently discovered , from the returns ...
... evidence . Lessell , the witness , testified that the notes sued on were giv- en in part for property sold at the executor's sale . [ 2. ] The basis for the new trial is , that the defendant has re- cently discovered , from the returns ...
Halaman 8
... evidence discovered after the trial , which , by using due diligence , might have been discovered before . Knox vs. Work , 2 Binney's Rep . 582 . [ 3. ] Nor will a new trial be granted on the ground of newly discovered evidence , merely ...
... evidence discovered after the trial , which , by using due diligence , might have been discovered before . Knox vs. Work , 2 Binney's Rep . 582 . [ 3. ] Nor will a new trial be granted on the ground of newly discovered evidence , merely ...
Halaman 9
... evidence in the trial of the cause , was not copied in the bill of exceptions ; and , also , that certain documentary testimony which was given in evidence in the trial below , did not appear in the bill of exceptions . The Court held ...
... evidence in the trial of the cause , was not copied in the bill of exceptions ; and , also , that certain documentary testimony which was given in evidence in the trial below , did not appear in the bill of exceptions . The Court held ...
Halaman 11
... evidence , dated the 13th of No- vember , 1845 , was given to Bennett . When Bond bought the negro boy , the proceeds were paid to me , and passed to Ben- nett's credit , and the reason why I claimed was , because Bennett had not paid ...
... evidence , dated the 13th of No- vember , 1845 , was given to Bennett . When Bond bought the negro boy , the proceeds were paid to me , and passed to Ben- nett's credit , and the reason why I claimed was , because Bennett had not paid ...
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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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Halaman 550 - 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.
Halaman 64 - 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.
Halaman 41 - 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.
Halaman 332 - 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.
Halaman 206 - 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.
Halaman 56 - 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...
Halaman 153 - 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...
Halaman 407 - 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.
Halaman 242 - 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.
Halaman 537 - 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.