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RESCISSION. See Sales.
Fraud of debtor in purchasing furnishes ground for. Manheim vs.
Claflin, 134(2). Purchase money note for mule, reserving title; if seller transfers it, Reservation of title, property sold with, is subject to claim for rent
he cannot recover in trover without a surrender of the note.
RES GEST E.
See Criminal Law; Evidence.
Adultery; evidence showing opportunity and the res gestæ of its con
tinuance, admissible. Gardner vs. State, 149(3). Declarations which are part of, admissible. Cook vs. Pinkerton, 89(3).
Same: Where horses were swapped, and one party wrong
fully resumed possession, conversations admissible. Ibid.
REVOCATION. See License.
RULES OF SUPERIOR COURT.
15. Fraud in mortgages alleged by attaching creditors, have they
right to open and conclude? Moore vs. Brown, 13(3),
RULES OF SUPREME COURT. See Rules 43 and 44, opposite page 1.
SALES. See Administrators and Executors; Injunction.
Robinson vs. Weller, 704.
cally, unconditionally, and without variance of any sort.
Ibid. Conditional, not duly recorded, stands as to subsequent creditors of
purchaser as an absolute sale. Steen vs. Harris, 681(1). Rescission, attachment against purchaser levied after, falls. Ibid.
681(4). Rescission may be made by mutual consent, though purchase
money notes transferred, when. Ibid. 681(2). Rescission, when complete. Ibid. 681(3). Reservation of title. See Judgments.
contracted after, if not executed and recorded properly.
79 Ga. 427, distinguished Ibid. 331. Sample; evidence that clerk was sent for a particular sample and
he returned with it, admitted. Wilson vs. Coleman, 297(2). Warranty of soundness of mule, suit on; verdict for defendant sus
tained by the evidence. Newman vs. Keith, 356.
Writing is under, if recited in body that seal is used or contem
plated, or that a scrawl or any other mark affixed. Stansell
SEARCH. See Criminal Law.
SEPARATE ESTATE. See Laws.
Garnishment, service of, by serving copy, no law for. West v8.
Damages arising from a tort cannot be set off to suit on contract.
Green vs. Combs, 210. Maker of note given heir for her interest, she deeding it, said note SIMPLE LARCENY. See Criminal Law.
“to be paid when he got possession,” due when administra-
sale, and if he failed to get it, might set off against note.
Charge of court as to confidential relations and fraud, error where
evidence showed settlement with full knowledge. Conyers
18. Graham, 615(3). Evidence here established a, and it was error to allow plaintiff to
go behind. Ibid. 615(1, 2).
Bond, sheriff and sureties may be sued on, for his official misconduct,
before recovery against him. Jefferson vs. Hartley, 716. Traverse of entry of nulla bona, officer need not be made a party.
Sprinz vs. Frank, 162 3.
liable on bond. Jefferson vs. Kartley, 716(1).
Void for excessive levy and in sufficient description, when. Brin
vs. Lassiter, 40(1), 41(2).
Fines and forfeitures, extent of right to participate in distribution
of, stated. Gordon County vx. Harris, 719. Jail fees, duty of, to put in bill for, and collect, in solvent cases.
Ibid. Return of indictments into court, have no authority to make.
Bowen vs. State, 483.
Titles, bill to compel making of, dismissal where complainants had
not performed as to paying purchase money. Askew 18.
Carr, 685(1). Titles, making of, not compelled, where description of land in bill
vague and uncertain. Ibid.
STATUTE OF FRAUDS.
Ambiguity in memorandum of sale, parol admissible to explain.
Wilson is. Coleman, 297(1).
Texas rust proof oats. Ibid.
STATUTE OF LIMITATIONS.
Falsehood of cotton factor, that he jhad paid proceeds to third per
son, not avoid bar, where plaintiff negligent in discovering. Varler vs. Simmons, 614.
Fraud, to avoid statute ; plaintiff must not be wanting in diligence
to discover and detect. Ibid. 611. Money collected for use of plaintiff, suit must be brought within
four years. Ibid.
wanting in diligence. Ibid. Reviver of barred debts by administrator, and sureties liable thereon,
discussed. Crabtree vs. Graham, 290. Sealed instrument acknowledging indebtedness, and when due,
limit is 20 years, though promise to pay is implied only.
Stansell vs. Corley, 453. Sewers and grading, damages from; suit for injuries, past and present,
must be brought within four years. Atkinson vs. City, 625. Stock assessments, corporation not making, but assigning; chancery
intervening and directing call, action not barred if brought
within four years of this call. Glenn vs. Howard, 383. Trustee barred, beneficiaries are also; rule defined and explained.
East Rome Co. 18. Cothran, 359(2).
STATEMENT OF PRISONER. See Criminal Law.
STREETS AND SIDEWALKS.
Alley, public, injunction to restrain erection of house over, properly
granted, when. Cohen 18. Bank, 723.. Awning falling on plaintiff; recovery here sustained. Mayor vs.
Caldwell, 76(1, 2).
STRIKES. See Railroads.
STOCK AND STOCKHOLDERS.
tervening and directing call, action not barred if brought
within four years of this call. Glenn vs. Howard, 383. Capital stock subscribed, reduced by resolution to actual amount
paid in, all stockholders assenting, released them from
railroad) subscribed, discussed. Johnson vs. Georgia Midland Railroad, 725.
Creditors (future) cannot call on stockholders, who, by resolution,
have reduced subscription below charter minimum, for more than difference, unless credit was given' on faith of
original amount. Hill is. Silvey, 509. Creditors impliedly waive right to go on stockholders, when. Ibid.
501(26). Majority rules, and minority not interfere without good cause.
Alexander is. Searcy, 536(2). Minority dissatisfied must first seek redress through the corpora
tion. Ibid. Minority may have relief in equity for fraud, conspiracy or acts
ultra rires, but if not complain in reasonable time, right
forfeited. Ibid. 536(la). Notes for stock of railroad subscribed, payable on completion of
section, ready for the cross-ties, trestles and bridges,"
be operated, and as to side-tracks, not conditions prece
dent. Ibid. Notice, effect of returns made by law hy bank to the governor to
charge creditors with. Hill vs. Silvey, 501(2a).
Fence, building of, not condition precedent to law going into
operation. Holleman vs. Kingery, 624.
Doctrine of equity originally. Irby vs. Livingston, 283.
Same: How extended and applied under statutes of this
State. Ibid. Surety of tax-collector paying off comptroller's fi. fo., subrogated to
all rights of the State. Ibid. 281.
SUPERSEDEAS BOND. See Bill of Erceptions.
TAX. See Lery and Sale; Tille.
income. Massenburg 18. Grand Lodge, 217.
Same: Trustee 18. Bohler, 80 Ga. 159, distinguished. Ibid. Exempt, temple or lodge of Grand Lodge (Masonic) is not, when
used for corporate profit or income. Ibid. 212(1).
used. Ibid. 21212).