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, he cannot recover in trover without a surrender of the note. Tidwell vs. Burkett, 84.

Same: Bringing the action is equivalent to a rescission.
Ibid.

RES GESTE. See Criminal Law; Evidence.

Adultery; evidence showing opportunity and the res gesta of its continuance, 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 wrongfully resumed possession, conversations admissible. Ibid.

REVOCATION. See License.

RULES OF SUPERIOR COURT.

45. Fraud in mortgages alleged by attaching creditors, have they right to open and conclude? Moore vs. Brown, 13(3),

Same: Accorded to wrong party, not reversible error, when. Ibid.

RULES OF SUPREME COURT. See Rules 43 and 44, opposite page 1.

SALES. See Administrators and Executors; Injunction.

Acceptance of seller's offer must be without any conditions added. Robinson vs. Weller, 704.

Correspondence, sale by; offer of seller must be accepted unequivocally, 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.

Reservation of title, property sold with, is subject to claim for rent contracted after, if not executed and recorded properly. Gartrell vs. Clay, 327.

Same: Conder vs. Holleman, 71 Ga. 93, and Cohen vs. Candler, 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 sustained by the evidence. Newman vs. Keith, 356.

SEAL.

Writing is under, if recited in body that seal is used or contemplated, or that a scrawl or any other mark affixed. Stansell vs. Corley, 453(1).

Same: Printed L. S. following signature sufficient. Ibid.

SEARCH. See Criminal Law.

SELLING OR FURNISHING LIQUOR TO MINOR. See Criminal

Law.

SEPARATE ESTATE. See Laws.

SERVICE.

Garnishment, service of, by serving copy, no law for.
Harvey, 711.

West vs.

SET-OFF.

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 "to be paid when he got possession," due when administrator sold land and maker bought it. James vs. Hutcherson, 451.

Same: Purchaser entitled to her part of proceeds of the sale, and if he failed to get it, might set off against note. Ibid. 452(a).

SETTLEMENT.

Charge of court as to confidential relations and fraud, error where evidence showed settlement with full knowledge. Conyers vs. Graham, 615(3).

Evidence here established a, and it was error to allow plaintiff to go behind. Ibid. 615(1, 2).

SIMPLE LARCENY. See Criminal Law.

SHERIFFS.

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).

Writ of possession, wrongful eviction under, sheriff and sureties liable on bond. Jefferson vs. Hartley, 716(1).

Same: No preliminary recovery against sheriff requisite.
Ibid.

SHERIFF'S SALE.

Void for excessive levy and in sufficient description, when. Brinvs. Lassiter, 40(1), 41(2).

son.

SOLICITORS-GENERAL.

Fines and forfeitures, extent of right to participate in distribution of, stated. Gordon County vs. 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.

SPECIFIC PERFORMANCE.

Titles, bill to compel making of, dismissal where complainants had not performed as to paying purchase money. Askew vs. 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 vs. Coleman, 297(1).

Same: 3 "C. L. R. P. oats" shown to mean 3 car-loads
Texas rust proof oats. Ibid.

STATUTE OF LIMITATIONS.

Falsehood of cotton factor, that he had paid proceeds to third person, not avoid bar, where plaintiff negligent in discovering. Marler 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.

Same: Fraud of defendant not avoid bar, where plaintiff 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. vs. 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 vs. Bank, 723.

Awning falling on plaintiff; recovery here sustained. Mayor vs. Caldwell, 76(1, 2).

Same: Condition of other awnings irrelevant. Ibid. 76(6).

STRIKES. See Railroads.

STOCK AND STOCKHOLDERS.

Assessments, corporation not making, and assigning; chancery intervening 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 further liability to bank and to each other. Hill vs. Silvey, 501(1).

Same: Reduction being to an amount less than minimum authorized capital, creditors may hold them for difference. Ibid. 501(2).

Conditions precedent in notes given for instalments of stock (of 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 vs. Silvey, 509.

Creditors impliedly waive right to go on stockholders, when. Ibid. 501(26).

Majority rules, and minority not interfere without good cause. Alexander vs. Searcy, 536(2).

Minority dissatisfied must first seek redress through the corpora

Minority may have relief in equity for fraud, conspiracy or acts ultra vires, but if not complain in reasonable time, right forfeited. Ibid. 536(1a).

Notes for stock of railroad subscribed, payable on completion of section, "ready for the cross-ties, trestles and bridges," when mature. Johnson vs. Georgia Midland, 725.

Same: Recitals as to privileges to be secured, how road to be operated, and as to side-tracks, not conditions precedent. Ibid.

Notice, effect of returns made by law by bank to the governor to charge creditors with. Hill vs. Silvey, 501(2a).

STOCK LAW.

Fence, building of, not condition precedent to law going into operation. Holleman vs. Kingery, 624.

SUBROGATION.

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. fa., subrogated to all rights of the State. Ibid. 281.

SUPERSEDEAS BOND. See Bill of Exceptions.

TAX. See Levy and Sale; Title.

Exemption depends upon the use made of the property, not of the income. Massenburg vs. Grand Lodge, 217.

Same: Trustee vs. 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).

Same: As to apportionment of part so used, and not so used. Ibid. 212(2).