Reports of Cases in Law and Equity, Argued and Determined in the Supreme Court of the State of Georgia, in the Year ..., Volume 58Edward O. Jenkins, 1878 |
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Results 1-5 of 82
Page 11
... counsel , did not preside in this case . ] Where complainant has a complete remedy at law , equity will not as- sume jurisdiction , even in cases of fraud ; especially where to assert such jurisdiction , would cause the main parties ...
... counsel , did not preside in this case . ] Where complainant has a complete remedy at law , equity will not as- sume jurisdiction , even in cases of fraud ; especially where to assert such jurisdiction , would cause the main parties ...
Page 24
... counsel for the defendant in error , citing 1 Preston on Estates , 344 , 359 , and 2 Ib . 441 , contended that the rule in Shelley's case , could not be made to apply to the instrument now under consideration , because " the freehold is ...
... counsel for the defendant in error , citing 1 Preston on Estates , 344 , 359 , and 2 Ib . 441 , contended that the rule in Shelley's case , could not be made to apply to the instrument now under consideration , because " the freehold is ...
Page 25
... counsel against the application of the rule , concerns the nature of the trust . He contended that the trust was executory , in such sense as to render the rule inapplicable . There is a power in the instrument , enabling the trustees ...
... counsel against the application of the rule , concerns the nature of the trust . He contended that the trust was executory , in such sense as to render the rule inapplicable . There is a power in the instrument , enabling the trustees ...
Page 40
... counsel for the prisoner have presented , I give with this in addition : the possession of the pistol by him is not a circumstance from which malice can be implied , Hayes vs. The State . and to presume malice is 40 SUPREME COURT OF ...
... counsel for the prisoner have presented , I give with this in addition : the possession of the pistol by him is not a circumstance from which malice can be implied , Hayes vs. The State . and to presume malice is 40 SUPREME COURT OF ...
Page 42
... counsel , that said indictment was not found by a legal grand jury , there being on said jury two illegal jurors . 17th . Because , during the examination of the witness , W. W. King , the judge was off the bench and outside the bar ...
... counsel , that said indictment was not found by a legal grand jury , there being on said jury two illegal jurors . 17th . Because , during the examination of the witness , W. W. King , the judge was off the bench and outside the bar ...
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Common terms and phrases
adm'r administrator affidavit agent alleged attachment attorney Banking Company Bibb county bill of exceptions BLECKLEY bond brought certiorari charged the jury Cherokee Iron Company Chief Justice claim claimant Code complainant contract corporation cotton counsel court erred court of equity creditors damages debt deceased declaration decree deed defendant excepted defendant in error defendant's demurrer dismiss equity evidence execution executor facts favor fendant filed garnishee Georgia granted ground Horshaw indictment issue JACKSON Judge Judgment affirmed jurisdiction jury found justice court land Let the judgment levied lien Macon mandamus ment mortgage motion was overruled offense opinion paid party payment plaintiff in error plea pleaded possession purchaser question Railroad and Banking record refused rule Savannah settlement sheriff sold statute statute of limitations sued suit Superior Court Term testator thereof tion trial trustee usury Vason verdict WARNER witness
Popular passages
Page 525 - ... the party of the first part. The party of the second part...
Page 239 - If the plaintiff by ordinary care, could have avoided the consequences to himself, caused by the defendant's negligence, he is not entitled to recover. But in other cases, the defendant is not relieved, although the plaintiff may, in some way. have contributed to the injury sustained.
Page 300 - ... doing, a knowledge and consciousness that the act he is doing is wrong and criminal, and will subject him to punishment. In order to be responsible he must have sufficient power of memory to recollect the relation in which he...
Page 32 - I give, devise and bequeath to my wife, Caroline Sellick, twenty-five thousand dollars ($25,000), to be used and enjoyed by her during her life and at her death to be equally divided between my nephew, Arthur F. Sellick, and my niece, Gertrude Sellick.
Page 252 - And it is further provided in the policy that "if the interest of the assured in the property be any other than the entire, unconditional and sole ownership of the property for the use and benefit of the assured, or if the building insured stands upon leased ground, it must be so represented to the company, and so expressed in the written part of this policy; otherwise, the policy shall be void.
Page 551 - Where the common seal of a corporation appears to be affixed to an instrument, and the signatures of the proper officers are proved, Courts are to presume that the officers did not exceed their authority, and the seal itself is prima •facie evidence that it was affixed by the proper authority. The contrary must be shown by the objecting party.
Page 220 - The code, §3066, declares, that "in every tort there may be aggravating circumstances, either in the act or the intention, and in that event the jury may give additional damages, either to deter the wrong-doer from repeating the trespass, or as compensation for the wounded feelings of the plaintiff.
Page 539 - On the trial of the case, the jury, under the charge of the court, found a verdict in favor of the defendant.
Page 17 - ... grant, bargain, sell, alien, remise, release, convey and confirm unto the said party of the second part, and to his heirs and assigns forever, all that certain lot, piece or parcel of land, &c.
Page 253 - Company and the assured, that this Policy is made and accepted in reference to the foregoing terms and conditions, and to the classes of hazards and memoranda printed on the third page of this Policy, which are hereby declared to be a part of this contract, and are to be used and resorted to in order to determine the rights and obligations of the parties hereto, in all cases not herein otherwise specially provided for in writing.