Estopped by his own conduct to deny award, party was here,
though he did not sign submission. Johnson vs. Cochran, 39,

Same: Judge failing to submit this issue, new trial granted.
Ibid.

Misnomer in middle name of referee not vitiate award. Riley v8.
Hicks, 265(1).

Same: Especially where the one selected acted. Ibid.

Submission, award here, construed in the light of parol evidence.
follows. Ibid. 265(3).

Submission, "the purchase and settlement of a horse," not toc
vague. Ibid. 265(2).

Same: Ambiguity explainable by parol. Ibid.

ARGUMENT.

Justification, plea of, filed, defendant has right to open and con-
clude. Johnson vs. Bradstreet Co. 425.

Same: And this, though special damages claimed, and
general issue filed and insisted on also. Ibid.

Mortgages attacked for fraud by creditors, semble that they would
have right to open and conclude. Moore vs. Brown, 11(3).
Open account, suit on, no plea, and service personal; no error to
refuse. Stephens vs. Gate City Gas Co. 150(2).

Open and conclude, right accorded to wrong side, not work rever-
sal where verdict undoubtedly correct. Moore vs. Brown,
11(3a).

ARREST OF JUDGMENT.

New trial, overruling motion in, no ground for. Gardner vs. State,
144(1).

ASSAULT AND BATTERY. See Criminal Law.

Railroad not liable for battery of licensee of right to sell lunches by
competitor in trade. Fluker vs. Georgia Railroad, 461(4).
Servant, master cannot sue for battery of, unless service lost. Ibid.
461(5).

ASSAULT WITH INTENT TO MURDER. See Criminal Law.

ASSIGNMENT.

Bill of lading, assignee of, has no greater right than assignor. Haas
vs. Kansas City Railroad, 792(3a).

V 81-52

ASSIGNMENTS.

Assignee administering in good faith, not liable as executor de son
tort, though assignment void and assignor dead. Chatta-
nooga Stove Co. vs. Adams, 319.

Creditors, void for want of proper list of. Ibid.

ATTACHMENT.

Fraudulent debtor: goods sold by debtor subject to, under this sec-
tion. Manheim vs. Claflin, 134 2).

Rescission of sale, attachment levied after, falls. Steen vs. Harris,
681(4).

ATTORNEY AND CLIENT. See Argument; Attorney's Fees.

Advice of counsel admissible in suit for malicious prosecution, but
not of justice of the peace. Rigden vs. Jordan, 675(5).
Advice of counsel, to mitigate damages, must be given upon a full
and fair statement of the facts. Shores vs. Brooks, 469(3).
Witness, attorney competent as, unless he got his information from
client by virtue of that relation. Skellie vs. James, 419,2).

ATTORNEY'S FEES.

Forthcoming bond, suit on, fees properly embraced in judgment,
when. Bowden vs Taylor, 204(2).

AUDITORS.

Exceptions to rulings of judge made in writing on exceptions filed
to report, will be considered by Supreme Court, though
final judgment not excepted to. Parker vs.
road, 387(1).

Waycross Rail

AUTRE FOIS CONVICT. See Criminal Law, and thereunder,
Former conviction.

BANKS.

Capital stock subscribed, reduced by resolution to actual amount
paid in, all stockholders assenting, released them from
further liability to bank or to each other. Hill vs. Silvey,
501(1).

Same: Rights of creditors to go on stockholders for unpaid
part, discussed. Ibid.

Deposits general, interest on, not allowable; and bank paying check
with forged indorsement, not liable for interest. Atlanta
National Bank vs. Burke, 597(3).

Forged indorsement on check, bank liable to maker, though maker
had himself been imposed on by forged name to note and
mortgage, the basis of the check. Ibid. 597(1).

Same: That genuine signature of subsequent indorser fol-
lowed forged one, not alter case. Ibid.

Same: Bank paying and returning to maker with other
checks, not charge him with notice. Ibid. 597(2).

Same: Maker not guilty of laches in not discovering for
three years. Ibid. 600.

Reduction of capital stock by resolution below minimum of charter,
creditors may call on shareholders for difference. Hill vs.
Silvey, 507 (2).

Same: Future creditors, however, cannot hold shareholders
for more, unless credit given on faith of original subscrip-
tion. Ibid.

BARTOW COUNTY.

City court of, bill of exceptions does not lie from, to superior court.
Memmler vs. Roberts, Duff vs. Jones, 351.

BASTARDY. See Criminal Law.

BILL OF EXCEPTIONS.

City court, does not lie from, to superior court. Memmler vs. Roberts,
Duff vs. Jones, 351.

City court, from, to superior court, unconstitutional, and supersedeas
bond void. Memmler vs. Roberts, 659.

Same: No judgment entered on bond. Ibid.

BILLS OF EXCHANGE.

Acceptance: entry by party directed to pay,

"Cr. the within $2.30;

next," but not signed,

the balance to be paid in January

not binding. Ingle vs. Davis, 766.

Order of S. to D. to pay bearer $33, but no time specified, is a, and
due as soon as presented and accepted. Ibid.

BILLS OF LADING. See Indorsement; Railroads.

BOND FOR TITLE. See Forgery.

BONDS. See Administrators and Executors.

Amendable, all bonds taken under requisition of law in course of
judicial proceedings, are, under 23505. Lytle vs. De Vaughn,
226(1).

Same: Applied to forthcoming bond filed with illegality to
mortgage foreclosure. Ibid.

Same: When right is to be exercised. 226(2).

Duress of illegal imprisonment, principal signing under, surety not
bound. Patterson vs. Gibson, 802(1).

Same: Knowledge of imprisonment but not of its illegality,
not alter case. Ibid.

Official, may be sued on, under code, 12 and 2160(4), directly on
bond in first instance. Jefferson vs. Hartley, 718.

BOUNDARIES. See Levy and Sale.

BRIDGES.

County liable for injuries from defects in, where no bond taken,
and may be sued before contractor. Arnold vs. Henry
County, 730.

BURDEN OF PROOF.

Mortgages attacked for fraud, creditors would seem entitled to open
and conclude. Moore vs. Brown, 11(3).

Open and conclude, right to, accorded to wrong side, not reversible
error when verdict undoubtedly correct. Ibid.

BURGLARY. See Criminal Law.

CARTERSVILLE.

Bill of exceptions from city court to supericr court unconstitutional,
and supersedeas bond void. Memmler vs. Roberts, 659.

CASES CRITICIZED OR DOUBTED

City Council of Augusta vs. Radcliffe, 66 Ga. 469....

363

Hazlehurst vs. Sav., Griffin & N. Ala. Railroad Co. 43 Ga. 13........ 546