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LARCENY AFTER TRUST. See Criminal Law.
LARCENY FROM HOUSE. See Criminal Law.
LARCENY FROM RAILROAD CAR. See Criminal Law.
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.
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,
Id certum est quod certum reddi potest.
Van Winkle is. Wilkins, 94(10).
LEVY AND SALE.
Parler vs. Johnson, 254(3).
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).
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).
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).
with premium thereon. Ibid.
Justication, plea of, admits that defendants wrote and published the
words as alleged in the declaration. Johnson vs. Bradstreet
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).
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.
Voluntary deed, not defeat debt of grantor created before its exeeu
tion. Seals vs. Benson, 44.
revived, land still subject. Ibid.
LIFE ESTATES. See Estates.
LIQUORS. See Criminal Law.
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.
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).
MASTER AND SERVANT.
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).
day of trial may be considered. Ibid. Discharged servant must seek employment in similar business, and
earnings deducted. Ibid. 439(3).
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
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).
MEASURE OF DAMAGES. See Trover.
jury. Western & Atlantic Railrod 18. Young, 3974).