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BY JAMES M. KELLY
COUNSELLOR AT LAW AND STATE REPORTER,

VOL IIFO
Law Scho

07

SAVANNA HUNATI U
W. THORNE WILLIAMS.

EDWARD C. COUNCELL, PRINTER.

1848.

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Entered according to the Act of Congress, in the year 1848, by

JAMES M. KELLY, in the Clerk's Office of the District Court for the District of Georgia. ADVERTISEMENT.

1848,

The third volume of the Reports of Cases in Law and Equity, argued and determined in the Supreme Court of this State, is now presented to the public.

The baste in which its publication has been forced, in order to comply with the provisions of the act organizing the Court, requiring its completion within four months, must be my apology for any inaccuracies that may be detected in the typography. Such errors as have escaped the vigilance of the proof reader, or which may have existed in the manuscript, so far as they have been discovered, are noticed in the proper place.

Two Acts of a general nature passed by the last General As

sembly of this State, amendatory of the law organizing the Court, Georgia are embodied, as taken from the newspaper publication of them.

The names of Attorneys admitted into the Supreme Court, with a table of the cases reported, and a copious Index of the points decided, under various appropriate heads or titles, are included.

This volume conforms to the plan of the second, in all respects, and extends to upwards of 630 pages.

In conclusion, I return my thanks to the Bench and Bar for their liberal support heretofore extended to me.

JAMES M. KELLY,

Reporter, &c. March, 1848.

An Act amendatory of the Act of the General Assembly organ

izing the Supreme Court, so far as to make it discretionary with plaintiffs in error whether they will include as parties plaintiff, securities on appeal, on injunction bonds, and writs of error.

Sec. 1. Be it enacted by the General Assembly of the State of Georgia met, That from and after the passage of this act, it shall in no case be considered as necessary to join with the parties to the suit in the Superior Court carrying a case therefrom up to the Supreme Court by bills of exceptions and writs of error, the security on appeal, or any injunction bond.

Sec. 2. And be it further enacted, That no writ of error shall be dismissed, or delayed in its hearing and decision, where the parties to the writ or declaration below, are included in said writ of error.

Approved 22d Dec., 1847.

An Act amendatory of the act approved the 10th of December,

1845, organizing a Supreme Court for the Correction of Errors in relation to bills of exceptions, giving of bond by the party taking up a case, and directory of the duty of the Clerk as to transcripts accompanying cases.

Sec. 1. Be it enacted by the General Assembly of Georgia, That from and after the passage of this act, that so much of the act of which this is amendatory as requires bills of exceptions, in both civil, criminal and equity cases, to be drawn up and submitted to the judge before whom such case was tried, within four days after the trial thereof, be, and the same is hereby altered and amended, 80 as to allow them to be drawn up and submitted for signature and certification by the judge, within thirty days after the close of the term in which said cause was heard.

Sec. 2. And be it further enacted, That with a view to lighten the costs upon parties in said court, that the transcripts of the record from the court below, shall not be recorded by the Clerk of the Supreme Court, but shall be filed up carefully by number, of the proper term of the court in which the cause in which it was used was tried.

Sec. 3. And be it further enacted, That so much of the 4th section of the Act of which this is amendatory as prescribes four days within which costs shall be paid and bond given, be, and is hereby extended to thirty days.

Approved 29th Dec., 1847.

JUDGES AND OFFICERS OF THE SUPREME COURT.

Hon. JOSEPH HENRY LUMPKIN, Athens, Georgia.
Hon. HIRAM WARNER, Greenville, Georgia.
Hon. EUGENIUS A. NISBET,* Macon, Georgia.
JAMES M. KELLY, Perry, Georgia, Reporter.
ROBERT E. MARTIN, Milledgeville, Georgia, Clerk.

à

11

ATTORNEYS ADMITTED.

AMERICUS, JULY TERM, 1847. Louis A. Goneke,

Cuthbert, Ga. John R. Hayes,

Bainbridge,“ Geo. W. Towns,

Talbotton," 0. C. Gibson,

Thomaston," James L. Seward,

Thomasville, Thomas H. Dawson,

Drayton, James L. Wimberly,

Knox ville, “ Henry Morgan,

Albany James N. Bethune,

Columbus, DECATUR AUGUST TERM, 1847. Augustus B. Longstreet,

Oxford, Henry Moore,

Griffin, Walton P. Clark,

| Newman, David Irvin,

- Marietta, GAINESVILLE SEPTEMBER TERM, 1847. R. E. Oliver,

- Jefferson, MILLEDGEVILLE, NOVEMBER TERM, 1847. John McPherson Berrien,

• Savannah, “ William B. Gaulden,

- Hinesville, William M. Reese,

· Washington," John C. Snead,

Augusta
James G. Gould,
Henry H. Cumming, .
David A. Vason,

Albany,
Joseph T. Lumpkin, -

Lexington, James W. Harris,

Athens, Thomas C. Nisbet,

Savannah, Thomas H. Polhill, .

Louisville, Chapley R. Strother,

Lincolnton, Curtis C. Shockley, .

Appling,
Ebenezer L. McKinley,

Lexington,
John B. Wilcoxon, .
D. H. Walker, -

Monroe, “ Andrew J. Hansell, .

Marietta, J. L. Petigru,

• Charleston, S. C.

* Re-elected-term of office six years, Nov. 1847.

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