O'Shields vs. The State of Georgia. introduce a new man upon this hotly contested issue. Besides, it is remarkable that if he stood in four feet of O'Shields, that the latter did not see him and have him sworn on the trial. He knew O'Shields, he swears, and we suppose the policeman knew him. Why, then, did he not subpoena him? It is remarkable, too, that Miller did not go up to the corpse at the time the others did. Who is Miller? It is well, as remarked by Judge BLECKLEY in the case of Young vs. The State, decided this morning, that in these times some proof of the identity and respectability of witnesses whose testimony is newly discovered, and who appear only by affidavit, and are not seen in person by either court or jury, should be produced to fortify the motion on this ground. It is needless to add that the court committed no error in providing for the wants of the jury in respect to medicines and necessaries; and that in recharging the jury at their request upon a point of law which troubled them, it is not imperative upon him to go over his whole charge again. We have thought much over this case, and have given it that attention which its importance demanded. The credibility of the witnesses was for the jury; the conflict was to be reconciled by them; they have weighed and considered and passed upon it; there is enough in the record to authorize their verdict; the law has been given substantially and fully to them; no error has been committed by the court which, in our judgment, injured the defendant; he has had a fair trial, and we feel constrained to let the verdict stand. Judgment affirmed. INDEX. ACCOMPLICE. See Criminal Law, 14-16, 49–51. ACTION. 1. Where the substance of a long correspondence was, that defendant 2. If one indicted for larceny, pay sum alleged to have been stolen, he 3. If payment be made under agreement that prosecution shall be settled, 4. Purchase money of goods sold to defraud creditors cannot be collected. 5. "Gentlemen: In reply to your favor of the 22d inst., you will please 6. No cause of action at commencement of suit, recovery cannot be had 7. Suit on an account in name of original creditor for use of another, no 403. 8. Failure of senior mortgagee to apply payment to mortgage as directed ADMINISTRATORS AND EXECUTORS. 1. Land is fully administered when turned over to heir on final settlement. 2. Creditors can follow assets into hands of distributee as well in a court of s. Legatee cannot plead legacy as set off to suit by executor, unless he 4. Proof of representative character unnecessary where no plea of ne un- 5. Witness, administrator is competent to show by debts of estate, other 6. Though judgment de bonis be conclusive on executor in court of law, 7. Returns of administrator are prima facie evidence for him. Wright, 8. If it appear from face of execution that it is against the administrator, 9. Foreign letters of administration have only such validity here as is im- 11. Failing to comply with such sections, no recovery can be had on demise 12. Administration granted to clerk of superior court, not place trust under 13. Judgment in favor of administrator, on contract with him, may be col- 14. Executors not estopped by failure to resist fraudulent application for 15. Legatees may divide estate among themselves though will directs that it 16. Creditor of one legatee is confined to his share. Ibid. 17. Year's support takes precedence of any lien with which deceased hus- 18. Fair sale by legatee of full age, to executor or his agent, not set aside 19. Heirs-at-law, before appointment of permanent administrator, have no 20. Though heirs or legatees may distribute estate by consent, they cannot, 21. Executor who allows estate to be distributed by consent among lega- AMENDMENT. 1. Cause of action, brought in short form under act of 1847, defectively 2. Factor's lien, counter-affidavit to foreclosure of, not amendable after 3. Where fact that there was no personalty on which to levy fi. fa. is Smith, 145. 4. If original pleadings were full enough to give premonition that matter 5. In proceeding to verify attachment bond under section 3271 of Code, 6. Judge may direct amendment of pleadings. Bazemore vs. Davis, 504. ATTACHMENT. 1. Security must be good for twice amount of debt sworn to. Lockett vs. 2. In proceeding under section 3271 of Code, to verify sufficiency of bond, 3. If bond be not made sufficient within time prescribed, officer should be ATTORNEY AND CLIENT. 1. Fee to be percentage retained from amount collected, attorney not en- 2. Extent of professional obligations in making collections. Ibid. Ibid. 5. Fee to be percentage on amount collected, contract not champertous. 6. Advice of counsel, how far protection to defendant on suit for malicious 7. Criminal cases, law may be read to jury by counsel subject to correction 8. That counsel advised omission of certain grounds of illegality, and also 9. Employment of attorney by principal to defend sci. fa., not bind security 10. Pecuniary condition of client at time of employment, or when services II. Section 3268 as to attorney's signing garnishment bond, is directory. AUDITOR. 1. Report finding simply balance due, not specifying result reached on any AWARD. See Judgments, 10, 11. BANKRUPT. 1. Sheriff has no right to suspend sale because attorney produces defend- 3. Bankrupt may recover for use of whom it may concern. Bangs, for use, 403. Gilmore vs. 4. Dismissing bill prior to hearing, bankruptcy of some or all of defendants 5. Separate partnerships engaged in business in different states, but com- 6. Adjudication in October, 1874, which recites act of 1867 as authority, 7. Trustees, funds in hands of receiver of state court ordered paid to, when. 8. Discharge not affect lien of judgment on land set apart to bankrupt as 9. Land only protected as far as it would have been under homestead laws BILLS OF EXCHANGE. See Negotiable Instruments, 5, 6, 8. Armstrong vs. Lewis. . Atlanta & LaGrange Railroad Company vs. Hodnett...29th Baker vs. Bower Ballin & Company vs. Ferst & Company Banks vs. Darden. Barnes vs. Shinholster. Barnett & Company vs. Thompson Benjamin vs. Gill Beverly et al. vs. Burke. 29th 84 353 80 Black vs. The State. Blount vs. Wells. Boon vs. Sirrine 520 38th 365 |