Reports of Cases in Law and Equity, Argued and Determined in the Supreme Court of the State of Georgia, in the Year ..., Том 6Edward O. Jenkins, 1849 |
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Страница 37
... death of the testator , is not of force in this State . Caveat to Will . On Appeal , in Pulaski Superior Court . Tried before Judge SCARBOROUGH , October Term , 1848 . On the 26th day of July , 1846 , William Hamilton died , having ...
... death of the testator , is not of force in this State . Caveat to Will . On Appeal , in Pulaski Superior Court . Tried before Judge SCARBOROUGH , October Term , 1848 . On the 26th day of July , 1846 , William Hamilton died , having ...
Страница 38
... death of the testator , and on failure to be so registered , shall be deemed void and of no effect , is of force in this State . The Court below ruled the Act of 1755 is inoperative , and in conflict with the 2d and 3d sections of the ...
... death of the testator , and on failure to be so registered , shall be deemed void and of no effect , is of force in this State . The Court below ruled the Act of 1755 is inoperative , and in conflict with the 2d and 3d sections of the ...
Страница 39
... death , he had two sons , James Odam and Archibald Odam , who had married and had issue , viz : James Odam had the two defendants , William W.C. Odam and Martha Townsend . Archibald's children were the said plaintiffs - James M. Odam ...
... death , he had two sons , James Odam and Archibald Odam , who had married and had issue , viz : James Odam had the two defendants , William W.C. Odam and Martha Townsend . Archibald's children were the said plaintiffs - James M. Odam ...
Страница 42
... death of the intestate . The question is , whether these grand - children take per stirpes , as the legal representatives of their respective fathers , or per cap ita , in their own right as next of kin to the intestate . The Court ...
... death of the intestate . The question is , whether these grand - children take per stirpes , as the legal representatives of their respective fathers , or per cap ita , in their own right as next of kin to the intestate . The Court ...
Страница 96
... death of Rose Demere , and that the negroes levied on were subject to the execution ; to which decision of the Court the counsel for the claimants excepted , and now assign the same for error here . HENRY & WARD and LLOYD & OWENS , for ...
... death of Rose Demere , and that the negroes levied on were subject to the execution ; to which decision of the Court the counsel for the claimants excepted , and now assign the same for error here . HENRY & WARD and LLOYD & OWENS , for ...
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action administrator admissible admitted agreement alleged answer assumpsit bill of exceptions bond cause charged the Jury claim claimant Common Law complainants consideration contract convey conveyance counsel County Court erred Court of Equity Court of Ordinary Coweta County debt decision declared decree deed defendant in error delivering the opinion discharged entitled execution executor fact favor filed fraudulent Georgia granted ground guardian Harwell and Wife held indorser Inferior Court intestate issue Judge Justices Kelly land Legislature letters testamentary levy liable ment Mumford & Tyson negroes objection overruled parol evidence party payment person plaintiff in error plea pleadings possession principal promise prove purchaser question record Robinson rule Sheriff slave Smith Statute of Frauds Statute of Limitations Story's Eq suit Superior Court surety Term testator testimony thereof tion trial trover trust usury verdict void Walton William witness writ of error
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Страница 620 - ... or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith...
Страница 557 - ... be actually made, procured, or provided, or fit or ready for delivery, or some act may be requisite for the making or completing thereof, or rendering the same fit for delivery...
Страница 553 - 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...
Страница 626 - Fraud, indeed, in the sense of a Court of Equity, properly includes all acts, omissions, and concealments, which involve a breach of legal or equitable duty, trust, or confidence, justly reposed...
Страница 139 - a right of franchise or privilege, that no man may set up a common ferry for all passengers, without a prescription time out of mind, or a charter from the king. He may make a ferry for his own use or the use of his family, but not for the common use of all the king's subjects passing that way ; because it doth in consequence tend to a common charge, and is become a thing of public interest and use...
Страница 9 - Whenever a statute gives a discretionary power to any person, to be exercised by him upon his own opinion of certain facts, it is a sound rule of construction, that the statute constitutes him the sole and exclusive judge of the existence of those facts.
Страница 646 - Whether the party thus misrepresenting a fact knew it to be false, or made the assertion without knowing whether it were true or false, is wholly immaterial; for the affirmation of what one does not know, or believe to be true, is equally, in morals and law, as unjustifiable as the affirmation of what is known to be positively false.
Страница 438 - Any deviation from its terms, by postponing or accelerating the period of performance which it prescribes, imposing conditions not expressed in the contract, or dispensing with the performance of those which are, however minute or apparently immaterial in their effect upon the contract of the parties, impairs [ * 85 ] its obligation.
Страница 505 - Every indictment or accusation of the grand jury shall be deemed sufficiently technical and correct which states the offense in the terms and language of this code, or so plainly that the nature of the offense charged may be easily understood by the jury.
Страница 390 - No action shall be brought whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person, unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.