INDEX.

ACCESSORY. See Criminal Law, 14-16.

ACCORD AND SATISFACTION. 1. Executed agreement to receive less than amount of debt, may be plead

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.

ed as.

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 negli

gence. Cottingham vs. Weekes, 201. 4. Landlord not responsible for tort by cropper in hiring servants previ

ously 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. Da

vis, 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 origi.

nal 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-

testate, evidence of assets. Ansley & Co. vs. Glendenning, adm'r, 286.
9. Right of executors to recover from legatees depending upon mistake in

returns upon basis of which settlement had been had, legatees may
also attack charges, etc., in returns. Settlement binding on both par-

ties or neither. Gibbons et al., vs. Jones et al., ex'rs, 297.
10. Foreign administrator, together with sureties, become residents of Geor-

gia, liable to be sued here on decree rendered in this state on bill filed

by distributees. Johnson et al. vs. Jackson, administrator, et al., 326.
11. Executor cannot bind estate by execution of note signed by him “as ex-

ecutor.” McFarlin vs. Stinson et al., 396.
12. Order granting leave to sell land, obtained on published notice required

by section 2559 of Code, valid so far as anthority to sell is concerned.

Davis, adm'r, Vs. Howard, 430.
13. Upon ejectment against heir, such order will not be conclusive of their

being debts outstanding; aliter, if obtained on personal notice to the

heir. Ibid.
14. Resale to hold bidder responsible for deficiency must be as soon as

practicable, or right to recover forfeited. Sanders, adm'x, vs. Bell,

442.
15. Judgment liens against legatee whose interest under will was one equal

undivided share, discharged as against land sold for distribution. Mi-

Daniel vs. Edwards, 444.
16. Ejectment, to authorize executor to recover in, he must introduce will,

and not letters testamentary only. Mays, ex'r, et al., vs. Killen, 527.
17. Violation of law in management of estate assigned as ground for revo-

cation of letters; no reply that it was for benefit of estate. Crump,

adm'r, vs. Williams, 590.
18. Error to charge that jury should find for movant if administrator or

securities were likely to become insolvent. Removal on that ground

is in discretion of jury on appeal. Ibid.
19. Sayings of general agent of administratrix, who subsequently dies, ad-

missible to bind estate. Hines, adm'x, vs. Poole, 638.
20. Temporary administrator cannot bind estate to pay fees to resist setting

up will. Lester et al., adm’rs, et al., vs. Matthews, 655.
21. Permanent administrator cannot ratify such contract so as to bind estate;

nor can he make illegal contract of temporary administrator a valuable
consideration to support promise to pay by coupling with it future ser-
vices to the estate. Ibid.
Expenses of administration" in section 2533 of Code, do not include
counsel fees against setting up will. Ibid.

22.

AMENDMENT.
1. Bill for account not changed by amendment into action for breach of

warranty of goods sold by defendant to complainant on an accounting
had; more especially, if at time of making amendment, action on war-

ranty would have been barred. Ayres vs. Daly, 119.
2. Master, bill not amendable before. Ibid.
3. Judgment and execution may be amended so as to establish conformity

in entire record. Saffold vs. Wade, ex'r, 174.
4. That illegality by security, on grounds which these amendments cured,

had previously been sustained, no obstacle thereto. Ibid.
5. As between parties, amendments to judgment and fi. fa, relate back to

original dates. Ibid.

6. After order to amend judgment and fi. fa. not requisite to enter new

judgment or to issue new fi. fa. Ibid.
7. Limitations, statute runs to time when amendment making new case

was made. Kimbro & Morgan vs. Va. & Tenn. A. L. R. Co., 185.
8. Amendment making case inconsistent with original bill, demurrable.

Ansley & Co. vs. Glendenning, adm’r, 286.
9. Discretion imposing costs on party seeking to amend, not controlled un-

less abused.' Renew vs. Redding, assignee, 311.
10. Libel, suit for not amendable by adding count for trespass to person,

especially if action for trespass be barred. Ransone vs. Christian, 351.
II. Terms upon which party proposing to amend is to be placed, should be

stated at time, and should not extend beyond continuance of case, or

payment of costs, etc. Ibid.
12. Motion for new trial is amendable. Powers et al. vs. Sav., Skid. Sono

Seaboard R. R. Co., 471.
13. Nominal party sues for use of real ; declaration amendable by striking

out former. Wilson vs. First Presbyterian Church, 554.
14. Verdict or consent decree cannot be amended on suit at common law

for fees so as to cover same. Lester et al., administrators, et al., vs.
Mathews, 655.

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-

house, lien at once attached, and is superior to attachment levied
whilst in process of transportation. Burrows & Williams vs. Kyle

& Company, 24.
2. Bankruptcy, attachment levied within four months of, dissolved; lien

not revived by general judgments thereafter obtained. Loudon, as-

signee, vs. Blandford & Garrard, 150.
3. Purchase money, attachment for, not levied by garnishment or other-

wise, on property not described in affidavit. Reid vs. Tucker, 278.
4. Traverse of plaintiff's affidavit not waived by pleading to the merits.

Parker vs. Brady, 372.
5. Traverse tried either before or with the main case, unless continued for

cause when main case is ready. Ibid.
6. Enjoined at instance of persons not a party thereto, attachment will not

be, unless proceeding to his injury, and under circumstances which

would authorize equity to interfere. Williams vs. Stewart et al., 663.
ATTORNEY AND CLIENT.
1. Bill filed by debtor as trustee for children, to enjoin creditors, and fund

brought into court for distribution, counsel for trustee not entitled to
fees out of general fund. Ball, administratrix, et al., vs. Vason,

trustee, et al., 264.
2. Fees of counsel not included under terms costs and expenses. Ibid.

See Lester et al., administrators, et al., vs. Matthews, 655.
3. Fees to be paid out of proceeds of suit; attorney has inchoate lien from

commencement of action, which cannot be defeated by dismissal by

client over objection of attorney. Twiggs et al. vs. Chambers, 279.
4. Justification pleaded to action for libel, defendant entitled to open and

conclude; nor is right forfeited by fact that he withdrew plea at be-

ginning of trial and did not renew it until plaintiff had made out

prima facie case. Ransone vs. Christian, 351.
5. State legal positions to jury, counsel may. Ibid. See Warmock vs.

State, 503.
6. Discretion of court in discharging rule against attorney for failure of his

client to perform decree in equity, not controlled. "Gray vs. Culber-

son et al., 470.
7. Honest belief of attorney that money collected for his client was his

own, not such "good cause” as will relieve him from the payment of
twenty per cent. from time of demand. Hawkins vs. Smith, trustee,

571.
8. Release property from judgment, attorney to sue and collect claim has

no authority to bind client to. Phillips vs. Dobbins, 617.

BAIL. See Principal and Security, 6–7.

BANKRUPT.
1. Assignee of bankrupt has right to be made party to rule to distribute

fund in hands of receiver under process of state court. Loudon, as-

signee, vs. Blandford & Garrard et al., 150.
2. State court will distribute fund in accordance with bankrupt law. Ibid.
3. Attachments on property, sale of which raised fund, if levied within four

months of adjudication, lose priority. Lien not revived by general

judgments thereafter obtained. Ibid.
4. Distress warrant levied before adjudication paid out of proceeds of

property. Ibid.
5. Justice's court judgments obtained before adjudication, paid. Ibid.
6. Mechanic's lien properly recorded and sued by attachment within twelve

months, and not sued again after dissolution of attachment because of

bankruptcy of defendant, ranks from date of lien. Ibid.
7. Costs of officers of court and commissions of receiver, first paid. Ibid.
8. If any of claimants be entitled to whole fund after assignee is heard,

latter's interest is at an end, and claimants may divide among them-
selves and others as they see proper.

Ibid.
9. Assignee having bill filed in United States court to set aside sale which

brought fund into state court, must first dispose of that case before he

can claim. Ibid.
10. Judgment proved in bankruptcy, lien otherwise had is waived. Heard

vs. Jones, 271.
1. Collateral provisions as to relation of husband and wife, or of parent

and child, in state exemption laws, form no part of bankrupt system.

Farmer vs. Taylor et al., 559.
12. Exempted property, bankrupt's title to is not affected by adjudication or

subsequent proceedings. Ibid.
13. Discharge bars claim of creditor, though name was not placed on sched-

ule nor notice given to him personally, publication in newspapers hav-
ing been made. Heard vs. Arnold & DuBose, 570.

BANKS. See Corporations, 1, 2, 9.

BONDS.
1. Official bond, though not conditioned as statute prescribes, considered

as if executed in conformity thereto. Smith, governor, for use, vs.
Taylor et al., 292.

.

54th
· 50th

29th
· 56th
55th
55th

6th
54th
49th
33d
13th
13th

518
438

66

2. Ordinary, whatever terms of bond, yet held to be for performance of

duties as clerk of ordinary. Therefore it cannot be sued for failure to

take security from tax collector. Ibid.
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

49th Ga. R.,685
Anderson vs. Beard

149
Ansley et al. vs. Wilson, trustee

462
At. & La. R. R. Co. vs. Hodnett.

500
Ayers vs. Daly

553
Ballin & Co. vs. Ferst & Co. i

152
Bank of Am. vs. Rogers

87
Bank of St. M. vs. Mumford & Tyson
Barnes vs. Underwood
Barron vs. Collins

400
Bartlett, adm'x, vs. Lee.

607
Beall vs. Blake

178
Beall vs. Blake

678
Beok vs. Pounds.

2oth

556
Behn & Foster vs. Young & Co..

21st 614
Benedict, Hall & Co. vs. Davis :

41st

78
Berry vs. State

Ioth

405
Bond vs. Central Bank .

149
Bond vs. Central Bank :

205
Brady vs. Hardeman & Hamilton

518
Brooks vs. Colby, adm'r,. .

179
Broughton vs. Badgett

204
Brown vs. Bennett

220
Brown vs. Oattis .

400
Brown vs. State

65
Bruce vs. Conyers ·

376
Bryan, ex'r, vs. Rooks, adm'r.

IIO
Burch et al. vs. Mayor etc., of Savannah

205
Burke et al. vs. Anderson :

82
Burkhalter vs. Edwards

362
Burney, adm'r, vs. Ball
Bush vs, Lindsey
Butler et al. vs. Durham

221
Callaway, adm'r, vs. Jones & Quattlebum

277
Campbell vsi A. & R. A. L. R.R. Co.

587
Campbell vs. State .

IIth 236
Carey, assignee, vs. Hillhouse et al.

5th

178
Carhart, Brothers & Co. vs. Wynn

22d

88
Carhart, Brothers & Co. vs. Wynn

22d 607
Carhart vs. Vann

. 46th

445
Carroll vs. Phillips

18th

426
Carruthers vs. Bailey .

3d

439
Carswell vs. Hartridge

34
Carswell vs. Hartridge .

141
Cavenaugh et al. vs. Ainchbacker

345
Center & Treadwell vs. Davis .

14
Central Bank et al. vs. Johnson & Smith.
Childers vs. State

315
Churchill et al. vs. Corker, adm'r,

IIO
Clark & Co. vs. Neufville .

46th

90
Clark & Cole vs. Dobbins.

520

28

66

.

ad

2d
17th
25th

Ist
55th
55th
40th
54th
25th

42d
40th
16th
24th
24th

2d
19th
53d

.

556
436

551h

55th
· 36th
• 39th
56th
52d
25th

0

673

.