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 vii
... of Evidence .. 111 19. L. Griffin vs. J. M. B. Witherspoon . Practice Superior Court . New Trial . 113 20. Jas . N. Bethune vs. John T. McCrary . Evidence . Prin- cipal and Indorser . 114 21. James N. Bethune vs. F. G. Wilkins and another.
... of Evidence .. 111 19. L. Griffin vs. J. M. B. Witherspoon . Practice Superior Court . New Trial . 113 20. Jas . N. Bethune vs. John T. McCrary . Evidence . Prin- cipal and Indorser . 114 21. James N. Bethune vs. F. G. Wilkins and another.
Strana viii
... Trial of Slaves .. 173 30. James Montgomery , Adm'r , & c . vs. Jno . Evans . De- mand on Depositor . Pleading . Competency of Agent ... 178 31. Jos . Attaway , Guardian , & c . vs. N. Dyer and others . Withdrawal of Claim ... 184 32 ...
... Trial of Slaves .. 173 30. James Montgomery , Adm'r , & c . vs. Jno . Evans . De- mand on Depositor . Pleading . Competency of Agent ... 178 31. Jos . Attaway , Guardian , & c . vs. N. Dyer and others . Withdrawal of Claim ... 184 32 ...
Strana 2
... trial , much testimony was introduced , not necessary to be here inserted . The Court charged the Jury at some length , to which charge , the following errors are assigned : Pendergrast and others vs. Foley . 1st . Because the 2 SUPREME ...
... trial , much testimony was introduced , not necessary to be here inserted . The Court charged the Jury at some length , to which charge , the following errors are assigned : Pendergrast and others vs. Foley . 1st . Because the 2 SUPREME ...
Strana 47
... trial , without the other proceedings . But for the understanding that the original bill , by the manner in which it was referred to , had become incorporated in the second bill and formed part of it , the second bill would have been ...
... trial , without the other proceedings . But for the understanding that the original bill , by the manner in which it was referred to , had become incorporated in the second bill and formed part of it , the second bill would have been ...
Strana 49
... trial of the right of property , under our Claim Laws , the posses sion of the defendant in execution , after an absolute sale of the property levied on , unexplained , is prima facie evidence of fraud . [ 2. ] Where , on the trial of ...
... trial of the right of property , under our Claim Laws , the posses sion of the defendant in execution , after an absolute sale of the property levied on , unexplained , is prima facie evidence of fraud . [ 2. ] Where , on the trial of ...
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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.