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Answer full enough, in suit for royalty on "axle grease,” though

declining to disclose secret of the preparation. Lamar vs.

Russell, 300.
Answer to cross, not sufficiently full here. Roberts vs. Crowley,

Mental competency of witness examined by, presumed. Mayor v8.

Caldwell, 76(4).
Same: If disputed by other evidence, question properly

left to the jury. Ibid.
Presumption is, commissioners examined a witness mentally com-

petent. Ibid.


Bill of sale to mules; defendant may attack, in trover suit, by show-

ing usury. Jaques vs. Stewart, 81(1).

Same: And this without filing a plea to that effect. Ibid.
Damages discretionary, for personal injury, not increased by inter-

est. Western & Atlantic Railroad vs. Young, 397(1).
Same: Only special damages computable on evidence of

actual values allowable. Ibid.
| Deposits general, bank not liable for interest on; and bank pay-

ing check with forged indorsement, allowance improper.

Atlanta National vs. Burke, 597(3).
Homicide of husband; widow may recover interest added to dam.

ages. Western & Atlantic Railroad vs. Young, 414.
Mortgage infected with, not void. Hodge vs. Brown, 276.

Same: Legislation suggested putting mortgages on same

footing with deeds tainted with. Ibid. 278.
Remaindermen, interest not run in favor of, until death of life

tenant, estate being money: McCook vs. Harp, 229(4),
Surety discharged where creditor was to take mortgage with waiver

of homestead, and took one void for usury. Small vs. Hicks,

Verdict for so much and interest, the interest is to be computed

from maturity of contract. Van Winkle vs. Wilkins, 94(10).
Same: If less found than last instalment, then interest

reckoned from maturity of that instalment. Ibid.


Disqualified by reason of having once been counsel, cannot confirm

sale of trust estate so as to bind minors. East Rome Co. vs.

Cothran, 360(4). Disqualification, that it was partner who acted in former part of liti

gation, and firm took no fee, not remove, Ibid. 367.

JUDGMENTS. See Justice Courts.

. ܕ

Conclusiveness and binding force of, discussed. Mayer v8. Hover,

314(2). Conclusive, though erroneous, until set aside, and not subject to

collateral attack. Deyton vs. Bell, 370,1a). Dies non juridicus, fourth of July is not. Hamer vs. Sears, 288. Dormant, ca. 8a., issuing of, sufficient to prevent judgment from be

coming. Gholston vs. O'Kelley, 21. Dormant; entry of officer dated back so as to revive, open to ques

tion by parol. Sprinz vs Frank, 162(2).
Same: If entry of nulla bona antedated by design, not only

void but villainous. Ibid. 162(4). Dormant, is not, when execution was not barred at the time it came

into court to claim fund. Gholston vs. O'Kelley, 21. Dormant, judgment becoming, pending homestead, is so at expira

tion of. Anderson vs. Kilgo, 699.

Same: Hart vs. Evans, 80 Ga. 330, distinguished. Ibid. Dormant, receipt of plaintiff's attorney, where court ordered pay

ment, sufficient to prevent judgment from becoming.

Gholston vs. OʻKelley, 21, Dormant; though judgment subjecting land held under voluntary

deed became so, and was revived, debt still existed and

land was still subject. Seals vs. Benson, 44. Dormancy, order for fi. fa. to proceed after contest between parties

and levy within a year after, will prevent. Gholston vs.

OʻKelley, 22. Dormancy, petition by plaintiff for alias fi. fa. and proceedings

thereon, will prevent. Ibid. Dormancy, proceedings by plaintiff, of any sort, showing purpose to

keep alive, will prevent. Ibid. Dormancy, receipt by sheriff for costs entered thereon, will prevent.

Ibid. 21. Dormancy, ruling sheriff to compel collection before bar attaches,

will prevent. Ibid. 23.


Dormancy; 32914 has always received an equit ble construction.

Ibid. 19(a).
Same: Putting fi. fa, in sheriff's hands to claim fund, and

magistrate's receipt thereon for his costs, will prevent

dormancy. Ibid.
Fourth of July, rendered on, valid. Hamer v8. Sears, 288.
Garnishment served by copy, can be no judgment on.

West vs.
Harvey, 711.
Motion to set aside, agreement to continue case and to arbitrate it,

not brought to attention of court, no ground for. Camp vs.

Morgan, 740.
Perjury of witness, not set aside for, where no conviction of witness.

Wilson vs. Sullivan, 238(2).
Reservation of title, property held by defendant under purchase

with, not subject to older judgment against him. Gartrell

vs. Clay, 331.
Unconditional contract in writing, court should render judgment

Stansell vs. Corley, 454(4).
Same: Writing was an acknowledgment of a debt for pro-

visions, and when due, and creating lien; but promise to
pay only implied. Ibid.



Alcohol is spirituous and intoxicating, noticed judicially. Snider vs.

State, 753.
į Facts known to every man of common understanding noticed judi-

cially. Ibid.

JURISDICTION. See Justice Courts.

Superior court has none of bill of exceptions from city court (Car-

tersville). Memmler v8. Roberts, Duff vs. Jones, 351.


City courts, no general law prescribing number to be drawn in.

Conyers' v8. Graham, 615(4a).
Same: Special act (Bartow) providing eighteen to strike

from, constitutional. Ibid.
Grand, action of, the proper if not only evidence of, is an entry duly

made upon the record. Bowen vs. State, 484.
Grand; lists, irregularities in certifying, no ground for quashing

bill. Crawford vs. State, 708.


Law as laid down by presiding judge, jury must take, in criminal

Hunt vs. State, 140(1). Poll, juror, on, agrees to verdict "reluctantly," no ground for new

trial. Parker vs. State, 332(5). Sending out, in civil or criminal case, pending hearing of prelimi

nary testimony, is in discretion of court. Woolfolk vs. State,

553(7), 564. Shaping questions for. See Charge of court.. Strikes, number of, no restriction on power of legislature to limit, in

city courts, if twelve left. Conyers vs. Graham, 615(4). Trial "inviolate" under constitution, 85174, if by twelve in city court,

though only eighteen to strike from. Ibid. Verdict, agreeing to reluctantly, no ground for new trial. Parker 18.

State, 332(5),


Judgment, should render and write out at court-ground, before he

adjourns his court. Bowden vs. Taylor, 199(6). Jurisdiction: conversion of personal property, have jurisdiction of.

White Company vs. County, 48. Jurisdiction : damages for detaining steamer by. river bridge,

have none. Ibid. 47(1).

Same: James vs. Smith, 62 Ga. 345, distinguished. Ibid. Jurisdiction : forthcoming bond to illegality for $300; suit for less

than $100, maintainable. Bowden vs. Taylor, 199(1).


Burden of proof is on defendant when plea of filed, and plaintiff

need introduce no proof. Rigden vs. Jordan, 668(2a).
Same: Defendant has right to open and conclude. Ibid.

668(26). Damages how assessed when plea of, filed and not sustained. Ibid.

674. General issue is abandoned by filing plea of. Ibid. 668(2a). Open and conclude argument, defendant has right to, when plea

filed (libel). Johnson vs. Bradstreet Co. 425.

Same: And this, though general issue also filed. Ibid. Plea admitting arrest of plaintiff for cheating and swindling, and

setting out facts as amounting to probable cause, when suf

ficient. Rigden vs. Jordan, 668(1). Plea of, may come in at any stage of case. Johnson vs. Bradstreet Co.



Dormancy, receipt for his costs entered by magistrate on fi. fa. will

prevent. Gholston vs. O'Kelly, 19(2).

LACHES. See Banks.

Acquiescence fourteen years in division in kind of lands under will,

binding, though unequal by mistake of appraisers. Leverett

vs. Stevenson, 701. Minority stockholders complaining of action of majority as being

ultra vires, must act promptly. Alexander v8. Searcy, 536(1).


Cropper, removing and selling crop, not indictable under 24440,

though title reserved in landlord. · Padgett rs. State, 466. Lien, landlord's special, superior to all other liens, except for taxes.

Stokes vs. Gillis, 191.
Purchaser of cotton on which landlord has lien for rent, liable for

value of rent. Ibid.
Rent claim prevails over rights of vendor selling with reservation

of title, if not executed and recorded properly. Gartrell v8.

Clay, 327. note here was for rent only, though as printed, adapted to ad

vances also. Andrew vs. Stewart, 53(4).
Surety on note who was also landlord of maker, not relieved by

payee making further advances, and taking mortgage on
crop. Stokes vs. Gillis, 187.
Same: Nor by payee taking cotton on which surety had a

lien for rent. Ibid.
Same: Surety could recover of payee value of the rent, or

amount of his damage. Ibid.
Transferee of rent note, (under, act--1882-3, p. 109,) rights of, dis-

cussed. Andrew vs. Stewart, 53.
Same: Though transferred as collateral security, and before

crop planted, not alter case, unless. Ibid.
Trespass, landlord liable in damages for breaking house to seize

effects sold him by tenant, without first demanding sur-
render. Shores vs. Brooks, 469(2).

Same: Punitive damages may be awarded.
Trespass, landlord liable in, for entering, breaking house, and seiz-

ing tenant's cotton. Ibid. 468(1).
Same: Punitive damages recoverable, though proceeds

fairly applied to lien debt. Ibid.

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