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CASES IN LAW AND EQUITY,
ARGUED AND DETERMINED
SUPREME COURT OF THE STATE OF GEORGIA,
COMMENCING JANUARY 1847.
BY JAMES M. KELLY,
Entered according to the Act of Congress, in the year 1847, by
JAMES M. KELLY,
in the Clerk's Office of the District Court for the District of Georgia.
The undersigned, in presenting the second volume of his Reports, avails himself of the opportunity now offered, of returning his thanks for the liberal patronage already extended to him by a generous public.
He flatters himself that the present volume, for beauty and accuracy of execution is not excelled by any similar work in the Union.
It will be seen that he has attempted to improve upon the general mode of publishing, in providing an easy and ready reference to the principles decided in each case. The syllabus is numbered (1,] [2,] &c., each of which refers to the corresponding numbers [1, 2, &c., in brackets, in the body of the reported case, where the principle may be found. Therefore, to find any given principle decided in a case, look to the syllabus and see what number is affixed, within brackets, to that principle, and then refer to the same number, within brackets, in the body of the case reported. It is believed that the references thus made are in the main correct.
The volume comprises sixty-three cases, and numbers, with the index and other matters, over five hundred pages ; and the reasons for closing it with the Hawkinsville cases, will, it is believed, be satisfactory to the profession, and to the public generally. It is as well ascertained as any thing of the kind can be without actual experiment, that all the decisions of the year would reach over one thousand
pages; the Americus and Decatur cases numbering fiftyseven, besides the terms at Gainesville and Milledgeville yet to be holden. To comprise all the cases of the year, would swell the volume to an inconvenient size, and at an expense for which the undersigned could not reasonably expect an adequate remuneration.
Besides, there is another reason for stopping the publication of the second volume at this point, of still greater importance to the undersigned: the Americus cases cannot be prepared for publication before the first of October ; until then the press would have to wait, and heavy expenses incurred without a corresponding benefit.
Under all these cireumstances, he feels assured that his course with regard to this matter will be approved of, both by the profession and the public.
The Rules of Practice at Law and in Equity of the Superior Courts of this State, established by the Circuit Judges in convention, and the Statute of the State requiring the same, are published in an appendix to the volume. Questions under those rules of practice are frequently made in the courts below, and subject to be brought before the Supreme Court for final determination.
The names of attorneys admitted to practice in the Supreme Court, are published, as in the first volume.
The Judges of the Supreme Court were in attendance at each of the terms, and disposed of all the cases upon the docket, except the two following at Hawkinsville. The orders taken in those cases will explain the reason why they were not finally disposed of, and serve as precedents in other like cases.
SUPREME COURT STATE OF GEORGIA,
June Term, 1847.
David C. Levy, and Moses S. COHEN
security on appeal, plaintiffs in error, From Chatham SOLOMON COHEN, defendant in error.
It appearing to the Court that Solomon Cohen, Esq. a party and counsel in the above cause, is Providentially prevented from attending at this term of said court by indisposition: it is therefore ordered by the Court, that said cause be continued until the next term of the Court.
JORDAN W. LEE, adm’r of Stephen Sterling and of Mary Ann Lee, plaintiff in error,
From Twiggs. Noah WHEELER, defendant in error.
Jordan W. Lee, adm'r of Stephen Sterling and of Mary Ann Lee, plaintiff in error, having departed this life since the filing said bill of exceptions, and there being no representation of the estates of said Stephen Sterling and Mary Ann Lee: it is ordered by the Court, that the death of said plaintiff be suggested on the records of this Court.
JAMES M. KELLY,
JUDGES AND OFFICERS OF THE SUPREME COURT.
Hon. JOSEPH HENRY LUMPKIN, Athens, Georgia.
SAVANNAH, JANUARY TERM, 1847. Joseph W. Jackson
Savannah, Ga. John W. Owens Robert H. Griffin James H. McHenry
Columbus, Ga. Henry J. Devon
Cuthbert, William P. Green
Lanier, Porter Ingram
Hamilton, « Martin J. Crawford
MACON, FEBRUARY TERM, 1847. Thomas B. Gordon
Forsyth, Ga. R. W. McCune
Jackson, Robert S. Burch
.. Newnan, G. J. Green
Knoxville,“ Z. E. Harman
Forsyth, James H. Stark
Jackson, William B. Pryor
La Grange, George R. Hunter
Knoxville, Kinchen L. Haralson