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 54
... favor of the admission of parol testimony , to show that a defendant is security only , when sued upon a note or other con- tract . The admissibility of the parol evidence is the question — not the objects to be accomplished by its ...
... favor of the admission of parol testimony , to show that a defendant is security only , when sued upon a note or other con- tract . The admissibility of the parol evidence is the question — not the objects to be accomplished by its ...
Страница 60
... favor . In Smith vs. Bing , ( 3 Ohio , 33 , ) the Court say , " That the true relation of the parties to the paper , where the obligation itself im- ports a joint debt , is universally recognized by Courts of Justice , and parol proof ...
... favor . In Smith vs. Bing , ( 3 Ohio , 33 , ) the Court say , " That the true relation of the parties to the paper , where the obligation itself im- ports a joint debt , is universally recognized by Courts of Justice , and parol proof ...
Страница 80
... favor ; to make thus , that which was absolute , conditional ; to secure thus , a right or privilege denied to him by the legal import of his written contract ; to impose thus , upon the holder of the note , a burden which did not rest ...
... favor ; to make thus , that which was absolute , conditional ; to secure thus , a right or privilege denied to him by the legal import of his written contract ; to impose thus , upon the holder of the note , a burden which did not rest ...
Страница 81
... favor of sureties . If I could agree with them , which I cannot do , in their construction of those Acts , still my dissent must needs be made , because they rest their judgment , not upon the Statutes alone , but upon gene- ral ...
... favor of sureties . If I could agree with them , which I cannot do , in their construction of those Acts , still my dissent must needs be made , because they rest their judgment , not upon the Statutes alone , but upon gene- ral ...
Страница 87
... favor of one tenant in common against his co - tenant , because the possession of one is the posses- sion of all ; yet , it will lie , in case of the destruction or sale of the property . This has been decided several times by this ...
... favor of one tenant in common against his co - tenant , because the possession of one is the posses- sion of all ; yet , it will lie , in case of the destruction or sale of the property . This has been decided several times by this ...
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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.