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Attorney as witness; acts 1887, p. 30, construed. Skellie vs. James,

425(2). Cruelty to animals : acts 1880–1, p. 142, reinstates penalty under

34310. McKinne vs. State, 170(5). Dockets, issue and motion; acts 1882–3, p. 56, applicable to city

court. Harris vs. Lowe, 677. Equitable remedies may be administered at law since acts 1884-5,

p. 36. Manheim vs. Claflin, 134.
Same: And under acts 1887, p. 64, same may be, by peti-

tion to superior court. Ibid. Gainesville, charter of, (acts 1877, p. 163); suit against “the mayor

and council of the city of Gainesville," sustained. Mayor

vs. Caldwell, 76(1). Garnishment, dissolving, act 1884–5, p. 96, bond given under, not

affect right of debtor to assert exemption. Born is. Wil

liams, 801(2). Judicial cognizance, courts will take of what public laws are in ex

istence; principle applied to local option laws. Combs vs.

State, 780. Juries in city courts; act December 17, 1879, is not a general law,

and the special act creating city court Bartow county, not

in conflict with it. Conyers vs. Graham, 615(46). Local option, for Catoosa county; acts 1882–3, p. 613; indictment

need not allege nor proof show, law in force. Combs vs.

State, 782. Rent contract; special lien of transferee; acts 1882–3, p. 109, con

strued. Andrew vs. Stewart, 54. Separate estate of mother; children sharing with father on her

death. Acts 1871-2, p. 48, not retroactive. Lathrop vs. White,
Same: Prior to that act, husband was sole heir of wife.

Uniform procedure act of 1887, p. 64, discussed. Manheim vs. Claflin.



Id certum est quod certum reddi potest.

Van Winkle is. Wilkins, 94(10).


Bidder may substitute another, and sheriff's deed to him valid.

Parler vs. Johnson, 254(3).
Boundaries of land levied on, must be described so that the world

may know them. Brinson vs. Lassiter, 41(2a).

Same: Not enough that the purchaser knew them. Ibid. Deed not void for uncertainty when it can be made certain by ref

Parler vs. Johnson, 255(5).
Description insufficient, levy void. Brinson vs Lassiter, 41(2).

Same: Boundaries given as “north by Dr. Wallace, and

west by Central railroad,” it having two branches, and

no east and south boundary given, void. Ibid. Dower may be reserved in sheriff's deed, though not done in levy.

Parler vs. Johnson, 254(4).

Same: Conveyance effective as to the reversion. Ibid. Entry of sheriff as to what property was sold, not traversable by

third persons. Ibid. 254(2). Excessive; levy on two tenements on same lot, each worth several

thousand dollars, to satisfy tax fi. fa. for less than $100, sale

void. Brinson vs. Lassiter, 42. Excessive; levy of tax fi. fa. for $3.60 on 100 acres of land, worth

$1,200 is a fraud on the law. Ibid. 40(1).
Same: Deed in pursuance of such sale is void on its face, if

it show the fact. Ibid. Excessive levy; land sold as life tenant's for taxes, and under judg

ments, value of life estate, the test. Clower vs. Fleming, 247(2).

Same: Life estate only passes by such mixed sale. Ibid. Husband and wife both held liable here for rent and damages, under

purchase by her at void tax sale. Brinson v8. Lassiler, 43(3). Partners; under fi. fa against two as such, individual property of

either subject. Parler vs. Johnson, 254(1). Property sold, what was the; entry of sheriff, after lapse of twenty

years, better evidence than parol testimony. Ibid. 254(2). Purchaser gets no title, where property not at place of sale, and no

seizure made nor forthcoming bond taken. Yoemans vs.

Bird, 340. Sale cannot be of larger but may be of less estate than embraced in

levy. Parler vs. Johnson, 254(4'. v 81-55


Seizure, where none, sale by constable, property not being at place

of sale, conveys no title, Yoemans vs. Bird, 340. Tax fi. fa., and fi. fa. based on judgment, sale under both together,

not void, Clower vs. Fleming, 247(1).
Same: Redemption annexes as against both fi. fas. lbid.
Same: Whole amount paid by purchaser must be refunded,

with premium thereon. Ibid.


Justication, plea of, admits that defendants wrote and published the

words as alleged in the declaration. Johnson vs. Bradstreet

Co. 428. Justification, plea of, filed, defendant has right to open and conclude. Voluntary deed, not defeat debt of grantor created before its exeeu

Ibid. 425.
Same: And this, though general issue also filed. Ibid.

Same: And though special damages claimed. Ibid. Justification, plea of, no waiver of defence that the words were

privileged. Wilson vs. Sullivan, 238(3). Pleadings, allegations made in, are absolutely privileged, if pertinent,

whether sufficient to obtain relief sought or not. Ibid. 238(1).

Same: However false and malicious, not libellous. Ibid. Privileged communications ; allegations made in pleadings are priv

ileged, when. Wilson vs. Sullivan, 238(1).
Same: However false and malicious, not libelous. Ibid.


Licensee persisting in right to sell lunches on train, after valid rey

ocation, may be prevented by force. Fluker vs. Georgia

Railroad, 461(3). Railroad not liable for battery of licensee of right to sell lunches by

competitor in trade. Ibid. 461(4). Revocation: implied license by railroad to sell lunches to passen

gers, without consideration, revocable at will. Ibid. 461(2),

LIENS. See Landlord and Tenant.

Rent note, rights of transferee of, under acts 1882–3, p. 109. Andrew

vs. Stewart, 53(2). Tax; surety of tax-collector paying off, subrogated to rights of State.

Irby vs. Livingston, 281.

tion. Seals vs. Benson, 44.
Same: Judgment subjecting land, though dormant, and

revived, land still subject. Ibid.

LIFE ESTATES. See Estates.

LIQUORS. See Criminal Law.
Alcohol is a spirituous and intoxicating liquor, and requires no

proof. Snider us. State, 753. Selling or furnishing to minor. See Criminal Law, and thereunder,



Indictment need not allege, nor proof show, that law operative in

that county by adoption of the people. Combs vs. State, 780.

LUNATICS. See Appeal.


Advice of justice of peace that warrant would lie, inadmissible.

Rigden vs. Jordan, 669(5). Damages, how assessed where plea of justification filed and not sus

tained. Ibid. 674. Evidence before committing magistrate, of witness since dead, ad

missible. Ibid. 674(3). Justification; plea admitting arrest of plaintiff for cheating and

swindling, and setting out facts as amounting to probable

cause, held sufficient. Ibid. 668(1). Justification, plea of, filed, effect is to abandon general issue. Ibid.

Same: Plaintiff need introduce no proof. Ibid.
Same: Open and conclude, right to, is in defendant. Ibid.

668(26) Probable cause for arrest sufficient; prosecutor need not be fully

satisfied of truth of charge; nor does he guarantee convic

tion. Ibid. 668(la). Probable cause; statements made in answer to inquiries, admissible

to show. Ibid. 669(4). Statements of third persons in answer to inquiries made before ar

rest admissible to show probable cause. Ibid. Verdict here for defendant was contrary to evidence. Ibid. 669(7).

Assault and battery of servant, master cannot sue for, unless service

lost. Fluker vs. Georgia Railroad, 461(5). Discharge at pleasure, finding against right to, sustained by evi

dence. Roberts vs. Rigden, 440(3). Discharge of marshal before end of year by town incorporated under

83774–797, gives no action. Miller vs. Town of Seney, 489. Discharge of officer who failed to give official bond, not actionable.

Ibid. Discharge pending term, recovery, where suit brought before term

expired, may embrace all damages to end of term. Roberts

18. Rigden, 440(1). Discharge pending term of service (suit before term expired), meas

ure of damages stated. Roberts vs. Crowley, 429 3).
Same: All relevant facts transpiring between discharge and

day of trial may be considered. Ibid. Discharged servant must seek employment in similar business, and

earnings deducted. Ibid. 439(3).
Same: Burden on defendant to show he did obtain it, or

could by due diligence. Ibid. Engineer may decline to drive engine over track of other road, and

if hurt by defect in track or want of adaptation of engine to track, cannot recover. Dunlap vs. Richmond & Danville

Railroad Co. 138. Fellow-servants, duty of master is to exercise reasonable and ordi

nary care in the selection of competent. Keith vs. Walker

Company, 49.
Fellow-servants; master not liable to servant for negligence of co-

employé. Ibid.
Same: Carpenter here was killed by defectively con-

structed arch by masons. Ibid. Provoking servant so as to unfit him for exercise of prudence, and

to become violent, will excuse master, when. Peavy vs.

Georgia Railroad, 485(2). Rope furnished servant (well-digger) breaking and injuring him,

nonsuit proper, when. Reid vs. Central Railroad, 694. Tort of servant (conductor) in shooting passenger, road not abl

for, when. Peavy vr. Georgia Railroad, 485/2). Trespass by employés of sub-contractor, master not liable for. Par

ker vs. Waycross & Florida Railroad, 38876).

Child, personal injury to (loss of arm); amount is in discretion of

jury. Western & Atlantic Railrod 18. Young, 3974).

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