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INSOLVENCY. See Wills.
Answer full enough, in suit for royalty on "axle grease,” though
declining to disclose secret of the preparation. Lamar vs.
left to the jury. Ibid.
INTEREST AND USURY. See Trover.
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.
est. Western & Atlantic Railroad vs. Young, 397(1).
actual values allowable. Ibid.
ing check with forged indorsement, allowance improper.
Atlanta National vs. Burke, 597(3).
ages. Western & Atlantic Railroad vs. Young, 414.
Same: Legislation suggested putting mortgages on same
footing with deeds tainted with. Ibid. 278.
tenant, estate being money: McCook vs. Harp, 229(4),
of homestead, and took one void for usury. Small vs. Hicks,
from maturity of contract. Van Winkle vs. Wilkins, 94(10).
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.
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).
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.
magistrate's receipt thereon for his costs, will prevent
not brought to attention of court, no ground for. Camp vs.
Wilson vs. Sullivan, 238(2).
with, not subject to older judgment against him. Gartrell
vs. Clay, 331.
Stansell vs. Corley, 454(4).
visions, and when due, and creating lien; but promise to
JUDICIAL COGNIZANCE. See Laws.
Alcohol is spirituous and intoxicating, noticed judicially. Snider vs.
JURISDICTION. See Justice Courts.
Superior court has none of bill of exceptions from city court (Car-
tersville). Memmler v8. Roberts, Duff vs. Jones, 351.
JURY AND JURORS.
City courts, no general law prescribing number to be drawn in.
Conyers' v8. Graham, 615(4a).
from, constitutional. Ibid.
made upon the record. Bowen vs. State, 484.
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.
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).
JUSTIFICATION. See Libel,
Burden of proof is on defendant when plea of filed, and plaintiff
need introduce no proof. Rigden vs. Jordan, 668(2a).
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.
JUSTICE OF THE PEACE.
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).
LANDLORD AND TENANT. See Rent.
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.
value of rent. Ibid.
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).
payee making further advances, and taking mortgage on
lien for rent. Ibid.
amount of his damage. Ibid.
cussed. Andrew vs. Stewart, 53.
crop planted, not alter case, unless. Ibid.
effects sold him by tenant, without first demanding sur-
Same: Punitive damages may be awarded.
ing tenant's cotton. Ibid. 468(1).
fairly applied to lien debt. Ibid.