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Cross-bill not passed on when judgment affirmed. Hill vs. Silvey,
501(3). Dismiss, motion to, not passed on, where judgment affirmed. Ibid. Evidence, error in rejecting, not considered where not appear what it was.
Askew vs. Carr, 685(2). Evidence, ground of objection to admissibility of, not disclosed, not
considered. Tarver vs. Torrance, 261(2). Evidence, rejection of some competent not necessarily cause re
versal. Van Winkle vs. Wilkins, 94(9). Exceptions to rulings of judge made in writing on exceptions filed
to auditor's report, will be considered, though final judgment not excepted to. Parker vs. Waycross & Florida
Railroad, 387(1). Final judgment; threat of superior court to remove executor unless
he give bond, not reviewable until done. Powell vs. Ham
mond, 567(3). Hardship of decision, when constrained by the law, appeals urging,
not listened to. Deyton vs. Bell, 371(3). Harmless error not work reversal. Clower vs. Fleming, 247(4). Interrogatory, answer to cross, not full enough, error in overruling,
objection to, not considered, when, Roberts vs. Crowley,
429(2), Irrelevant evidence admitted ; if immaterial or nearly so, not cause
reversal. Mayor vs. Caldwell, 76(6). Mistakes in record, suggestions of, too late, if not made before call of case.
Haas vs. Kansas City Railroad, 792(36). Newly discovered evidence, credibility of witnesses establishing,
must appear. Dominick vs. State, 715. Parties; contest between creditors only on money rule, sheriff need
not be made a party defendant in error. Moore vs. Brown,
10(2). Presumption is in favor of correctness of judgment below. Wikle
vs. Woolley, 119(3). Reinstate dismissed case, court will, where sole counsel for plaintiff
in error absent from sudden access of illness. Moore vs.
be continued or heard on briefs. Ibid. Reinstatement of disinissed case; wife of counsel of plaintiff in
error about to be confined, insufficient, when. Evans vs.
Kilby, 278. Return of indictment into court, record not disclosing what min
utes showed as to, clerk required to complete, under 84272(g). Bowen ve Siate, 484.
Rule out testimony; must appear motion was made before close of
case to jury. Wright vs. State, 745. Verdict finding answers to questions submitted under 24206, no
writ of error lies to, until judgment entered. McGowan vs.
return of case. Ibid.
Adverse possession, question of, is one of intent, and turns on
bona fides of tenant. Ware vs. Barlow, 7. Charge as to, though erroneous here, not work reversal. Clower rs.
Fleming, 247(4). Constructive notice not make title fraudulent. Ware vs. Barlow, 6. Ejectment; title ripened by prescription in defendant before
amendment filed laying demise in remaindermen, no re
covery. Jones vs. Johnson, 294(3). Forged bond for title; bond by pretended agent without authority
is good color of title. Millen vs. Stines, 655.
Same: Simmons vs. Lane, 25 Ga. 178, distinguished. Ibid. Grant, plaintiff having good prescriptive title may recover in eject
ment without showing. Parker vs. Waycross & Florida, 392. Innocent purchaser from agent of two executors, protected against
mistake of law on his part, when. Ware rs. Barlow, 1(la). Possession must not originate in fraud, as used in code, means ac
tual not legal fraud. Ibid. 1(1).
guished. Ibid. Private way, person claiming, must bring himself strictly within
the law; what must appear, stated. Collier vs Farr, 749. Tenant for life, one holding under, acquires no title against re
maindermen suing withir seven years. Bagley vs. Kennedy,
721(1). Trustee barred by, beneficiaries are also; rule defined and ex
plained. East Rome Co. 18. Cothran, 359(2).
PRESUMPTIONS. See Illegality ; Practice in Supreme Court.
that was no such attesting officer in that county. Parker
vs. Waycross & Fiorida Railroad, 393. Indictment no presumption that it was returned regularly, it
minutes show none. Bowen 18. State, 483.
Jurisdiction: term of return of bill not appearing, presumption is
chancellor had proof before him, as to, before decreeing.
Mayer vs. Horer, 315(3). Mental competency of witness examined by interrogatories, pre
sumed. Mayor 1's. Caldwell, 76(4). Virility, normal powers of, presumed in mature male person.
Gardner 18. State, 144(+).
PRINCIPAL AND AGENT. See ('ontracts.
Authority of P. to act as agent for company, cannot be proved by
declarations of a director. Fla. Midland vs. Varnedoe, 176(3). Same: Nor by newspaper report of a company meeting.
Ibid. 176,4). Holding one out as agent, what facts amount to, by a railroad com
pany. Ibid. 176(8). Sayings of one man cannot make another, or a corporation, his prin
cipal; error to refuse charge, when. Ibid. Undisclosed principal may sue on contract of affreightment, but
agency must be alleged and proved. Atlanta & West Point Co. 1's. Teras Grate Co. 602(2).
PRINCIPAL AND SURETY.
discussed. Crabtree vs. Graham, 290. Bond of sheriff guilty of official misconduct, may be sued on, before
recovery against him. Jefferson vs. Hartley, 716. Discharged, surety is, where creditor agreed to take mortgage with
waiver of homestead, and took usurious and void one.
Small v8. Hicks, 691(1). Duress of illegal imprisonment, principal signing under, surety not Relieved; surety on note who was also landlord to tenant, is not,
bound. Patterson 1s. Gibson, 802(1).
not alter case. Ibid. Notice to sue; presumption feeble that creditor preserved it. Crau
food vs. Hodge, 728.
would be nugatory. Ibid. Plea by surety that principal signed under duress of illegal impris
ment and want of knowledge by surety, error to strike.
Patterson 18. Gibson, 802.
by payee making further advances, and taking mortgage on
lord's lien for rent. Ibid.
amount of his damage. Ibid. Tax fi. fa. of comptroller against collector, sureties paying off, subro
gated to all the rights and liens of the State. Irby vs. Living
Obstructions, applicant to obtain removal of, must show what.
Collier vs. Farr, 749.
PRIVILEGED COMMUNICATIONS. See Libel; Notice to Produce.
PROBABLE CAUSE. See Malicious Prosecution.
PROFITS. See Damages.
Collateral security, though transferred as, title is in holder. An
drew vs. Stewart, 53(2).
1882-3, p. 109. Ibid. Conditions precedent in notes given for instalments of subscription
to capital stock of railroad, discussed. Johnson vs. Georgia
Midland, 725. Fraud in bank discounting note given for flour, having already dis
counted draft drawn against same shipment, facts here not
establish. Boatmen's Bank vs. Western & Atlantic, 121(1, 2). Maturity of notes for instalments of subscription to stock of rail
road, payable on completion of section “ready for the cross-ties,” etc., discussed. Johnson vs. Ga. Midland, 725. Same: Recitals as to privilege to be secured, as to how
road to be operated, and to side tracks, not conditions
precedent, when. Ibid. Purchase money of land; note given to heir for her interest “ to be
paid when he got possession,” held to be due under special
titled to his part of proceeds of sale, and if he failed to
Purchase money of mule, reserving title; if seller transfers it, he
cannot recover in trover, without surrendering note. Tid-
also. Andrew vs. Stewart, 53(4).
Privileged communications in pleadings; protection on grounds of,
discussed. Wilson vs. Sullivan, 238(1).
Agent, authority of P. to act as, cannot be proved by declarations
of a director. Florida Midland vs. Varnedoe, 176(3).
one out as an. Ibid. 176(8). Alight in safety, if reasonable time allowed to, no recovery. Cov
ington vs. Western & Atlantic Railroad, 273(3).
jumped, when. Ibid. Alight, reasonable time to; evidence here conflicting, and recovery
sustained. Atlanta & West Point Railroad vs. Smith, 620(1). Assault and battery on licensee of right to sell lunches, by com
petitor in trade, road not liable for. Fluker vs. Georgia
Haas vs. Kansas City Railroad, 792(3a).
by road issuing, cannot recover for delays on previous
road caused by armed mob. Ibid. Bill of lading, evidence to contradict terms of, inadmissible. Skellie
vs. Central Railroad, 56(3). Bill of lading; fraud of consignor in dealings with consignee, not
affect holder, when. Boatmen's Bank vs. Western & Atlantic
from carrier, gave consignee his note for the price and
paid it, carrier held liable. Ibid. Bill of lading important security of commerce, and not defeated
by presumption. Ibid. 221(3).