Reports of Cases in Law and Equity, Argued and Determined in the Supreme Court of the State of Georgia, in the Year ..., Том 2Edward O. Jenkins, 1847 |
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Страница iv
... 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 prac- tice are frequently made in the courts below , and subject to be brought before ...
... 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 prac- tice are frequently made in the courts below , and subject to be brought before ...
Страница 1
... Judge , if the charge itself was erroneous . Claim from Twiggs Superior Court , tried before Judge SCAR- BOROUGH October Term , 1846 . Judgment against the plaintiff in error , who was claimant in the Court below , and motion for new ...
... Judge , if the charge itself was erroneous . Claim from Twiggs Superior Court , tried before Judge SCAR- BOROUGH October Term , 1846 . Judgment against the plaintiff in error , who was claimant in the Court below , and motion for new ...
Страница 7
... Judge Scarborough , before whom this cause was tried , committed error , as well in his charge to the jury , as in refusing the application for a re - hearing . And hence it becomes our duty to examine , first , the charge , to see if ...
... Judge Scarborough , before whom this cause was tried , committed error , as well in his charge to the jury , as in refusing the application for a re - hearing . And hence it becomes our duty to examine , first , the charge , to see if ...
Страница 8
... Judge proceeds . " This is a question of fraud , and the issue submitted to the jury is , the bona fides or honesty and good faith of the transaction . There are badges , or evidences of fraud , which are of different imports . A badge ...
... Judge proceeds . " This is a question of fraud , and the issue submitted to the jury is , the bona fides or honesty and good faith of the transaction . There are badges , or evidences of fraud , which are of different imports . A badge ...
Страница 12
... Judge Scarbo- rough as to real estate . It is true , that the ownership to lands is usually evidenced by deeds and other written muniments of title , Still , in real as in personal property , we hold , that if the vendee take an ...
... Judge Scarbo- rough as to real estate . It is true , that the ownership to lands is usually evidenced by deeds and other written muniments of title , Still , in real as in personal property , we hold , that if the vendee take an ...
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action administration admitted affidavit alleged amended Anderson answer appeal apply authority bail Bank of Macon bill of exceptions bond cause Central Bank charge common carrier common law complainants Constitution contempt contract counsel County court of equity creditors death debt decision declaration decree deed defendant in error delivering the opinion demurrer dismissed divorce dollars Durham entitled evidence Ex'r execution executor facts filed fraud Georgia grant ground heirs Hudgins indorser injunction intended interest issue James Solomon John Judge judgment jurisdiction jury justice Kent land Legislature liable ment mortgage motion Myddleton negroes Newsom partnership party payment Pelot Perryman person plaintiff in error plea plead possession principles promissory notes purchase question recognisance record rule rule in Shelley's scire facias Sheriff Solomon statute suit Superior Court Supreme Court term testator thereof tion trial trust estate verdict William writ of error
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Страница 104 - It never has been supposed by us, that the section did apply, or was designed to apply, to questions of a more general nature, not at all dependent upon local statutes or local usages of a fixed and permanent operation, as for example, to the construction of ordinary contracts or other written instruments, and especially to questions of general commercial law...
Страница 105 - ... antecedent parties, of which he has no notice, only where he receives it in the usual course of trade and business for a., valuable consideration, before it becomes due, we are prepared to say that receiving it in payment of or as security for a pre-existing debt is according to the known usual course of trade and business. And .why, upon principle...
Страница 106 - It is for the benefit and convenience of the commercial world to give as wide an extent as practicable to the credit and circulation of negotiable paper, that it may pass not only as security for new purchases and advances, made upon the transfer thereof, but also in payment of and as security for preexisting debts. The creditor is thereby enabled to realize or to secure his debt, and thus may safely give a prolonged credit, or forbear from taking any legal steps to enforce his rights.
Страница 119 - The action of trover being founded on a conjoint right of property and possession, any act of the defendant which negatives or is inconsistent with such right, accounts in law to a conversion. It is not necessary to a conversion that there should be a manual taking of the thing in question by the defendant; it is not necessary that it should be shown that he has applied it to his own use. Does he exercise a dominion over it, in exclusion or in defiance of the plaintiff's right? If he does, that is...
Страница 351 - Common carriers undertake generally, and not as a casual occupation, and for all people indifferently, to convey goods and deliver them at a place appointed, for hire, as a business, and with or without a special agreement as to price.
Страница 224 - That such power to punish contempts shall not be construed to extend to any cases except the misbehavior of any person in their presence, or so near thereto as to obstruct the administration of justice, the misbehavior of any of the officers of said courts in their official transactions, and the disobedience or resistance by any such officer, or by any party, juror, witness, or other person, to any lawful writ, process, order, rule, decree or command of the said courts.
Страница 254 - There was a law, that those who in a storm forsook the ship should forfeit all property therein; and that the ship and lading should belong entirely to those who stayed in it. In a dangerous tempest all the mariners forsook the ship, except only one sick passenger, who, by reason of his disease, was unable to get out and escape. By chance the ship came safe to port. The sick man kept possession, and claimed the benefit of the law.
Страница 91 - Cause why Damages in such Action should not be Assessed and recovered by him or them, and if such Defendant his Executors or Administrators shall appear at the Return of such Writ, and not...
Страница 70 - Fraud without damage, or damage without fraud, gives no cause of action; but where these two concur, an action lies.
Страница 72 - 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.