INDEX. ACCESSORY. See Criminal Law, 14-16. ACCORD AND SATISFACTION. 1. Executed agreement to receive less than amount of debt, may be pleaded as. Tyler Col. P. Co. vs. Chevalier, 494. 2. Entire claim in dispute, receipt of part on condition that balance be abandoned, binding as accord and satisfaction. Ibid. ACTIONS. 1. Case for damages resulting from erection of mill-dam and ponding of water, by which defendant derived benefit, survives to administrator of plaintiff. Ellington, adm'r, vs. Bennett, 158. 2. Replevy and await judicial termination of controversy, tenant not bound to, to entitle him to action for maliciously suing out distress warrant. Sturgis & Berry vs. Frost, 188. 3. Widow may recover for homicide of husband whether resulting from act of natural or artificial person, or from intention or criminal negligence. Cottingham vs. Weekes, 201. 4. Landlord not responsible for tort by cropper in hiring servants previously employed by another. Duncan vs. Anderson, 398. ADMINISTRATORS AND EXECUTORS. 1. Heirs-at-law cannot maintain bill against defendant as executor de son tort, for property conveyed to him by their ancestor during life, the deed being alleged to have been procured by fraud; aliter, if they were creditors and there was no administration. Davis et al., vs. Davis, ex'r, 37. 2. Where money is bequeathed to widow for life with remainder over, duty of executor to preserve corpus for benefit of remaindermen. Decree in favor of widow against executor on bill to which remaindermen were not parties, no protection to him as against remaindermen. Lee, ex'r, vs. Chisolm et al., 126. 3. Apprehension of suit by administrator, when appointed, not authorize person to appear and resist grant of letters. Aug. & Sum. R. R. Co. vs. Peacock, adm'r, 146. 4. Some interest on the part of objector in assets and their distribution must appear. Ibid. 5. Case for damages resulting from erection of mill-dam and ponding of water, by which defendant derived benefit from improvement of mill property, survives to administrator of plaintiff. Ellington, adm'r, vs. Bennett, 158. 6. If allegation of benefit to defendant be not sufficiently specific in original declaration, administrator, in application to be made party, should state proposed amendment. Ibid. 7. Judgment, administrator not entitled to relief against, because ignorant that assets of estate were deficient, or because he did not know effect of judgment as evidence of assets. Page, administrator, vs. Haines, administrator, 263. 8. Judgment against administrator reviving dormant judgment against in- 10. Foreign administrator, together with sureties, become residents of Geor- 12. Order granting leave to sell land, obtained on published notice required 13. Upon ejectment against heir, such order will not be conclusive of their 14. Resale to hold bidder responsible for deficiency must be as soon as 442. 15. Judgment liens against legatee whose interest under will was one equal 16. Ejectment, to authorize executor to recover in, he must introduce will, 18. Error to charge that jury should find for movant if administrator or 19. Sayings of general agent of administratrix, who subsequently dies, ad- 20. Temporary administrator cannot bind estate to pay fees to resist setting 21. Permanent administrator cannot ratify such contract so as to bind estate; 22. Expenses of administration" in section 2533 of Code, do not include AMENDMENT. 1. Bill for account not changed by amendment into action for breach of 2. Master, bill not amendable before. Ibid. 3. Judgment and execution may be amended so as to establish conformity 4. That illegality by security, on grounds which these amendments cured, Ibid. 5. As between parties, amendments to judgment and fi. fa. relate back to 6. After order to amend judgment and fi. fa. not requisite to enter new 7. Limitations, statute runs to time when amendment making new case 9. Discretion imposing costs on party seeking to amend, not controlled un- 10. Libel, suit for not amendable by adding count for trespass to person, Ibid. 12. Motion for new trial is amendable. Seaboard R. R. Co., 471. Powers et al. vs. Sav., Skid. & 13. Nominal party sues for use of real; declaration amendable by striking 14. Verdict or consent decree cannot be amended on suit at common law ARREST. See Criminal Law, 8-10. ASSIGNMENT. See Debtor and Creditor, 3, 5, 6. ATTACHMENT. 1. Cotton delivered by debtor to agent of factors to be carried to ware- 2. Bankruptcy, attachment levied within four months of, dissolved; lien 3. Purchase money, attachment for, not levied by garnishment or other- 5. Traverse tried either before or with the main case, unless continued for 6. Enjoined at instance of persons not a party thereto, attachment will not ATTORNEY AND CLIENT. 1. Bill filed by debtor as trustee for children, to enjoin creditors, and fund 2. Fees of counsel not included under terms costs and expenses. Ibid. 3. Fees to be paid out of proceeds of suit; attorney has inchoate lien from ginning of trial and did not renew it until plaintiff had made out 5. State legal positions to jury, counsel may. Ibid. See Warmock vs. 6. Discretion of court in discharging rule against attorney for failure of his 7. Honest belief of attorney that money collected for his client was his 8. Release property from judgment, attorney to sue and collect claim has BAIL. See Principal and Security, 6-7. BANKRUPT. 1. Assignee of bankrupt has right to be made party to rule to distribute 2. State court will distribute fund in accordance with bankrupt law. Ibid. 4. Distress warrant levied before adjudication paid out of proceeds of 5. Justice's court judgments obtained before adjudication, paid. Ibid. 7. Costs of officers of court and commissions of receiver, first paid. Ibid. 9. Assignee having bill filed in United States court to set aside sale which 10. Judgment proved in bankruptcy, lien otherwise had is waived. Heard 11. Collateral provisions as to relation of husband and wife, or of parent 12. Exempted property, bankrupt's title to is not affected by adjudication or Ibid. 13. Discharge bars claim of creditor, though name was not placed on sched- BANKS. See Corporations, 1, 2, 9. BONDS. 1. Official bond, though not conditioned as statute prescribes, considered 2. Ordinary, whatever terms of bond, yet held to be for performance of See Principal and Security. BONDS FOR TITLE. See Vendor and Purchaser, 1-5. CASES CITED. (The page shows where cited.) Addison, adm'x, vs. Christy & Company Anderson vs. Beard Ansley et al. vs. Wilson, trustee At. & La. R. R. Co. vs. Hodnett Bruce vs. Conyers. Bryan, ex'r, vs. Rooks, adm'r. Burch et al. vs. Mayor etc., of Savannah Burke et al. vs. Anderson. Carhart, Brothers & Co. vs. Wynn 236 Carroll vs. Phillips Carruthers vs. Bailey. 18th 66 426 Carswell vs. Hartridge. Carswell vs. Hartridge. 551h Cavenaugh et al. vs. Ainchbacker Center & Treadwell vs. Davis. Central Bank et al. vs. Johnson & Smith. Childers vs. State Churchill et al. vs. Corker, adm'r, - 55th 36th 39th 52d 46th |