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8. Opinion expressed on evidence necessitates new trial. De Saulles &
Eu Co. vs. Leake, 365; See Warmock vs. State, 503; Pike et al. vs.
Dotterer, trustee, et al., 527.
made, if stated in charge, taken as true unless otherwise certified. Ibid.
cause for new trial unless jury was misled. Boyd et al. vs. England,
veyance, error to charge that no debtor in the condition of P. could
make such a gift of his property. Primrose vs. Browning, 369.
•White vs. State, 385.
and believe every word of evidence for the defense, I charge you the
make up your verdict on it.” Ibid.
if the contrary be not manifest from portions of charge given and
excepted to. Woolfolk vs. Macon and Aug. R. R. Co., 457.
stitutes. Ibid. See Ga. R. R. & B’kg Co. vs. Neely, 540.
son vs. First Pres. Church, 554.
taken to claimant, yet it was paid for with defendant's money, and it
tained for balance and fi. fa. levied on land, deed having been first
claim, without proving insolvency of vendor. Boyd vs. Chappell, 22.
ing all subject reversed unless levy is dismissed in respect to that not
subject. Keaton vs. Tifts, 446.
to the other, for purpose of delay, claimants being insolvent, and the
taken to claimant, yet it was paid for with defendant's money, and it
before notary public, not received by levying officer without authenti-
6. Seal of notary is not authentication; nor is certificate and seal of clerk
of court of record without further certificate from judge, etc. Ibid.
COMMON OF PASTURE. See Injunction, 12.
COMPROMISE AND SETTLEMENT. See Accord and Satisfaction.
CONSIDERATION. See Contracts, 3, 5, 16, 17, 20.
CONSTITUTIONAL LAW. See Homestead, 1.
CONTEMPT. See Injunction, 1.
continuance granted though court has strong reason to believe that
ford, executor, 31.
thereunder was in capacity of mechanics. Savannah, Griffin and
North Alabama Railroad Co. vs. Grant, Alexander Ex Co., 08.
solvent, owed note, not impose upon sons such strong moral obligation
old. . McElven et al. vs. Sloan & Company, 208.
at maturity, made after maturity, nudum pactum. Shealy vs. Toole, 210.
contract not enforced, though absence of consideration be not pleaded.
with note on third person as collateral, in payment of such indebt-
edness, original claim discharged. Adams Eu Son vs. Reid et al., 214.
bound and latter not. Graham vs. Campbell et al., 258.
verdict, to object that contract offered in evidence was made with
nor objection to testimony made. Mahone vs. Bryant, 294.
representative. Napier vs. Trimmier, administrator, 300.
months, which consumer was to receive at the pits “in the basket,” and
vs. Cherokee Iron Co., 319.
cach monthly estimate in certain bonds to be taken at eighty cents on
the dollar, and ten per cent. retained until completion of contract;
agreed rate. Sav. Eno Char. R. R. Co. vs. Callahan et al., 331.
counted, were intended for use in temporary monthly settlements only.
Time was not so clearly of essence of contract as to require forfeiture.
given amount of currency at date of promise, is to be discharged, after
to appreciation to expiration of credit. Whitaker vs. Dye, 380.
sentative, takes his place by consent, on express condition, entered of
be admissible as if the legal representative had been made
Ellis & Palmer vs. Jones & Co., 504.
set opposite our several names, to be applied to the completion of the
will it operate as notice of withdrawal of subscription. Ibid.
for, without interest, not discharge others. Ibid.
ecution for breach of trust, not collectible. Aliter, if given solely for
purpose of securing debt. Godwin et al. vs. Crowell, 566.
and is revocable before payment. Fletcher, ex'r, vs. Renfroe, treas-
June, 1869, prevents bar of statute of limitations of 1869, though no
nor that president furnished certificate, and number of shares owned
meet debts. Dal. & Morg. R. R. Co. vs. McDaniel et al., 191.
4. Remedy in equity more proper than mandamus under facts of this case.
Ibid. 5. Capital stock subscribed, suit to collect, evidence of value of that stock or
of any other, irrelevant. South Ga. & Fla. R. R. Co. vs. Ayres, 230. 6. Not necessary to show that certificate of stock has been tendered, or that
corporation has received stock authorized, or, in absence of plea in
abatement, that corporation has been organized and is still alive. Ibid. 7. Railroad which corporation was chartered to construct, sold to other
company, unpaid stock subscription cannot be collected from the
stockholders not consenting to sale. Ibid. 8. Calls for subscription must be clearly proved, and recovery should be
limited to aggregate amount of calls not met. Ibid. 9. Assignment of bank executed by officers after term had expired, under
authority from stockholders granted before, valid, the charter providing that if election did not take place on proper day, the corporation should not be deemed dissolved, and no election having taken place. President and cashier were officers de facto if not de jure. Milliken
vs. Steiner, 251. 10. Assignment by bank, section 1494 of Code providing how to set aside
at instance of creditors, applies only to case where there has been
voluntary surrender of charter. ibid. 11. Bona fide purchaser of railroad stock protected. Stinson vs. Thorn
ton, adm'r, 377. 12. Judgment of stockholder against company set off in equity against suit
under individual liability use. Boyd En Son vs. Hall et al., 563. 13. Fraud, such judgment may be attacked for, but facts must be averred
and proved. Ibid. 14. Recovery of entire debt may be out of one, provided it does not exceed
defendant's proportion, the charter providing that “stockholders shall be liable pro rata for the debts of said company to the amount the stock they respectively hold.” Ibid.
COSTS. 1. Fund to be distributed, costs of officers of court and commissions of re
ceiver first paid. Loudon, assignee, vs. Blandford & Garrard et al.,
150. 2. Fees of .counsel not included under terms, costs and expenses. Ball,
adm’x, et al., vs. Vason, trustee, et al., 264. 3. Judgment refusing new trial reversed, plaintiff in error entitled to judg
ment for costs incurred in supreme court. This right is not affected by instructions that new trial be refused if defendant consents to certain terms. Turner vs. Carroll, 456.
CRIMINAL LAW. 1. Burglary; only evidence against prisoner, that he was seen to pass by
house some hours before offense was committed, and that several months thereafter goods stolen were found in his possession, sufficiently answered by proof of good character and by testimony of unimpeached witness that goods were left with prisoner in pawn for money, the latter having given substantially same account of posses
sion. Phillips vs. State, 28. 2. Rape; fact that infant was under ten years of age conclusive that act
was forcible. Gosha vs. State, 36. 3. Venue of crime must be established beyond all reasonable doubt. Ibid.
4. Confessions corroborated by strong circumstantial evidence will author-
ize conviction. Crowder vs. State, 44.
ersham vs. State, 61.
are for the jury; court should acquaint jury with rules distinguishing
legal from illegal custody. Ibid.
verdict of guilty must be returned if jury believe evidence for state. Ibid.
illegal if protracted for unreasonable time. Ibid.
bona fides of custody. Ibid.
lawfully terminated with his consent, especially if prisoner be innocent.
positively known to offender. Ibid.
therefore his conviction is not pre-requisite to convicting another of
assisting him to escape. Ibid.
such error to refuse to charge that jury may find him guilty only of
assault, as to require new trial. Felton vs. State, 84.
should allege trial and conviction of principal thief; if facts will not
alias Steger, vs. State, 92.
with simple larceny, indictment for burglary against principal inad-
if there be no evidence thereof; aliter, if there be the slightest evi-
dence on which to base such defense. Wynne, jr., vs. State, 113.
appearance of the pistol and cartridges, etc. Ibid.
dition after close of fight, admissible; but no experiment by firing, or
should be admitted. Ibid.
and experts may testify what such condition indicated, the jury to
draw their own conclusion therefrom. Ibid.
bailee at Thomasville is sent to Augusta, and M., personating one C.,
4451 of Code. Mitchell vs. State, 171.
latter recovered the money from the express company. Ibid.