Reports of Cases in Law and Equity, Argued and Determined in the Supreme Court of the State of Georgia, in the Year ..., Svazek 8Edward O. Jenkins, 1850 |
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Strana 10
... taken by commission in the above en- titled cause by either party , and which is now on file in this Court , or the testimony of any other witness or witnesses , which may hereafter be taken by commission by either party in said cause ...
... taken by commission in the above en- titled cause by either party , and which is now on file in this Court , or the testimony of any other witness or witnesses , which may hereafter be taken by commission by either party in said cause ...
Strana 11
... taken as part of this award , said back line being ascertained , as I award , by a line running west from the angle of the old dam , just where the said dam com- mences to turn to the north ; also , all of the canal , or the land ...
... taken as part of this award , said back line being ascertained , as I award , by a line running west from the angle of the old dam , just where the said dam com- mences to turn to the north ; also , all of the canal , or the land ...
Strana 23
... taken not to extend them beyond their direct terms or their clear import . [ 5. ] Statutes which impose restrictions upon trade , or common occupations , must be construed strictly . - [ 6. ] Statutes levying taxes should be construed ...
... taken not to extend them beyond their direct terms or their clear import . [ 5. ] Statutes which impose restrictions upon trade , or common occupations , must be construed strictly . - [ 6. ] Statutes levying taxes should be construed ...
Strana 38
... taken in connection with the prece- dent bequest of an annuity to Mrs. Wagner , upon the face of the will itself , gives , also , an annuity to Mrs. Williams ; and , farther , that if it does not clearly give to her an annuity , yet its ...
... taken in connection with the prece- dent bequest of an annuity to Mrs. Wagner , upon the face of the will itself , gives , also , an annuity to Mrs. Williams ; and , farther , that if it does not clearly give to her an annuity , yet its ...
Strana 52
... taken at the first term . On the trial , the presiding Judge ruled out the notes , on the ground that they were not described in the petition , and no allegation was made of the value of the specific articles in which the notes were ...
... taken at the first term . On the trial , the presiding Judge ruled out the notes , on the ground that they were not described in the petition , and no allegation was made of the value of the specific articles in which the notes were ...
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action Adm'r administrator alleged amendment answer appeal arbitrators assets assigned authority award bank Beall bill of exceptions bond Carter cause certiorari charge choses in action claim claimant Clerk Colquitt Common Law complainant contract corporation counsel County Court of Equity Court of Ordinary creditors debts decision declaration decree deed defendant in error delivering the opinion demurrer entitled evidence execution executors fact filed fraud Georgia grant ground held Henry County Inferior Court injunction issue John Jones Judge jurisdiction Jury Kenan land legatees Legislature Let the judgment levied liable lien ment motion ne exeat negroes paid parties payment Pendergrast persons plaintiff in error plea pleadings possession prove purchaser Pyron question record refused rule Sheriff slave sold Statute of Limitations stockholders Story's Eq suit Superior Court Term testator thereof Thomas tion trial trust umpire verdict wife Williams witness
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Strana 216 - Nor does this conclusion by any means suppose a superiority of the judicial to the legislative power. It only supposes that the power of the people is superior to both ; and that where the will of the legislature, declared in its statutes, stands in opposition to that of the people, declared in the Constitution, the judges ought to be governed by the latter rather than the former. They ought to regulate their decisions by the fundamental laws, rather than by those which are not fundamental.
Strana 341 - For though in particular cases the repugnance of the law to dissolve the obligations of matrimonial cohabitation may operate with great severity upon individuals, yet it must be carefully remembered that the general happiness of the married life is secured by its indissolubility. When people understand that they must live together, except for a very few reasons known to the law, they learn to soften by mutual accommodation that yoke which they know they cannot shake off; they become good husbands,...
Strana 203 - That the records and judicial proceedings of the courts of any state, shall be proved or admitted in any other court within the United States, by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, as the case may be, that the said attestation is in due form.
Strana 451 - It is not enough that there is a remedy at law; it must be plain and adequate, or, in other words, as practical and efficient to the ends of justice and its prompt administration, as the remedy in equity.
Strana 34 - There is no position which depends on clearer principles than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution can be valid. To deny this would be to affirm that the deputy is greater than his principal, that the servant is above his master, that the representatives of the people are superior to the people themselves, that men acting by virtue of powers may do not only...
Strana 216 - A constitution is, in fact, and must be regarded by the judges, as a fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body. If there should happen to be an irreconcilable variance between the two, that which has the superior obligation and validity ought, of course, to be preferred; or, in other words, the Constitution ought to be preferred to the statute, the intention of the people to the intention...
Strana 366 - There are certain political duties imposed upon many officers in the executive department, the discharge of which is under the direction of the President. But it would be an alarming doctrine, that congress cannot impose upon any executive officer any duty they may think proper, which is not repugnant to any rights secured and protected by the constitution; and in such cases, the duty and responsibility grow out of and are subject to the control of the law, and not to the direction of the President.
Strana 495 - The obligation of those contracts survives, and the creditors may enforce their claims against any property belonging to the corporation which has not passed into the hands of bona fide purchasers, but is still held in trust for the company or for the stockholders thereof, at the time of its dissolution, in any mode permitted by the local laws.
Strana 34 - ... Legislative act, therefore, contrary to the Constitution, can be valid. To deny this, would be to affirm, that the deputy is greater than his principal ; that the servant is above his master ; that the Representatives of the People are superior to the People themselves ; that men acting by virtue of powers, may do not only what their powers do not authorize, but what they forbid.
Strana 249 - At common law there could be no limitation over of a chattel, but a gift for life carried the absolute interest.