Law as laid down by presiding judge, jury must take, in criminal
cases. Hunt vs. State, 140(1).

Poll, juror, on, agrees to verdict "reluctantly," no ground for new
trial. Parker vs. State, 332(5).

Sending out, in civil or criminal case, pending hearing of prelimi-
nary testimony, is in discretion of court. Woolfolk vs. State,
553(7), 564.

Shaping questions for. See Charge of court.

Strikes, number of, no restriction on power of legislature to limit, in
city courts, if twelve left. Conyers vs. Graham, 615(4).
Trial "inviolate" under constitution, 25174, if by twelve in city court,
though only eighteen to strike from. Ibid.

Verdict, agreeing to reluctantly, no ground for new trial. Parker vs.
State, 332(5).

JUSTICE COURTS.

Judgment, should render and write out at court-ground, before he
adjourns his court. Bowden vs. Taylor, 199(6).

Jurisdiction: conversion of personal property, have jurisdiction of.
White Company vs. County, 48.

Jurisdiction: damages for detaining steamer by river bridge,
have none. Ibid. 47(1).

Same: James vs. Smith, 62 Ga. 345, distinguished. Ibid.
Jurisdiction: forthcoming bond to illegality for $300; suit for less
than $100, maintainable. Bowden vs. Taylor, 199(1).

JUSTIFICATION. See Libel.

Burden of proof is on defendant when plea of filed, and plaintiff
need introduce no proof. Rigden vs. Jordan, 668(2a).

Same: Defendant has right to open and conclude. Ibid.
668(2b).

Damages how assessed when plea of, filed and not sustained. Ibid.

674.

General issue is abandoned by filing plea of. Ibid. 668(2a).

Open and conclude argument, defendant has right to, when plea
filed (libel). Johnson vs. Bradstreet Co. 425.

Same: And this, though general issue also filed. Ibid.
Plea admitting arrest of plaintiff for cheating and swindling, and
setting out facts as amounting to probable cause when suf-
ficient. Rigden vs. Jordan, 668(1).

Plea of, may come in at any stage of case. Johnson vs. Bradstreet Co.

JUSTICE OF THE PEACE.

Dormancy, receipt for his costs entered by magistrate on fi. fa. will
prevent. Gholston vs. O'Kelly, 19(2).

LACHES. See Banks.

Acquiescence fourteen years in division in kind of lands under will,
binding, though unequal by mistake of appraisers. Leverett
vs. Stevenson, 701.

Minority stockholders complaining of action of majority as being
ultra vires, must act promptly. Alexander vs. Searcy, 536(1).

LANDLORD AND TENANT. See Rent.

Cropper, removing and selling crop, not indictable under 24440,
though title reserved in landlord. Padgett vs. State, 466.
Lien, landlord's special, superior to all other liens, except for taxes.
Stokes vs Gillis, 191.

Purchaser of cotton on which landlord has lien for rent, liable for
value of rent.

Ibid.

Rent claim prevails over rights of vendor selling with reservation
of title, if not executed and recorded properly. Gartrell vs.
Clay, 327.

Rent; note here was for rent only, though as printed, adapted to ad-
vances also. Andrew vs. Stewart, 53(4).

Surety on note who was also landlord of maker, not relieved by
payee making further advances, and taking mortgage on
crop. Stokes vs. Gillis, 187.

Same: Nor by payee taking cotton on which surety had a
lien for rent. Ibid.

Same: Surety could recover of payee value of the rent, or

amount of his damage. Ibid.

Transferee of rent note, (under act 1882-3, p. 109,) rights of, dis-
cussed. Andrew vs. Stewart, 53.

Same: Though transferred as collateral security, and before
crop planted, not alter case, unless. Ibid.

Trespass, landlord liable in damages for breaking house to seize
effects sold him by tenant, without first demanding sur-
render. Shores vs. Brooks, 469(2).

Same: Punitive damages may be awarded.

Trespass, landlord liable in, for entering, breaking house, and seiz-
ing tenant's cotton. Ibid. 468(1).

Same: Punitive damages recoverable, though proceeds
fairly applied to lien debt. Ibid.

LARCENY AFTER TRUST. See Criminal Law.

LARCENY FROM HOUSE. See Criminal Law.

LARCENY FROM RAILROAD CAR. See Criminal Law.

LAWS.

Attorney as witness; acts 1887, p. 30, construed. Skellie vs. James,

425(2).

Cruelty to animals: acts 1880-1, p. 142, reinstates penalty under
24310. Mc Kinne vs. State, 170(5).

Dockets, issue and motion; acts 1882-3, p. 56, applicable to city
court. Harris vs. Lowe, 677.

Equitable remedies may be administered at law since acts 1884–5,
p. 36. Manheim vs. Claflin, 134.

Same: And under acts 1887, p. 64, same may be, by peti-
tion to superior court. Ibid.

Gainesville, charter of, (acts 1877, p. 163); suit against "the mayor
and council of the city of Gainesville," sustained. Mayor

vs. Caldwell, 76(1).

Garnishment, dissolving, act 1884-5, p. 96, bond given under, not
affect right of debtor to assert exemption. Born vs. Wil-
liams, 801(2).

Judicial cognizance, courts will take of what public laws are in ex-
istence; principle applied to local option laws. Combs vs.
State, 780.

Juries in city courts; act December 17, 1879, is not a general law,
and the special act creating city court Bartow county, not
in conflict with it. Conyers vs. Graham, 615(4b).

Local option, for Catoosa county; acts 1882-3, p. 613; indictment
need not allege nor proof show, law in force. Combs vs.
State, 782.

Rent contract; special lien of transferee; acts 1882-3, p. 109, con-
strued. Andrew vs. Stewart, 54.

Separate estate of mother; children sharing with father on her
death. Acts 1871-2, p. 48, not retroactive. Lathrop vs. White,
34(1).

Same: Prior to that act, husband was sole heir of wife.
Ibid.

Uniform procedure act of 1887, p. 64, discussed. Manheim vs. Claflin.

LEGAL MAXIMS.

Id certum est quod certum reddi potest. Van Winkle vs. Wilkins, 94(10).

LEVY AND SALE.

Bidder may substitute another, and sheriff's deed to him valid. Parler vs. Johnson, 254(3).

Boundaries of land levied on, must be described so that the world may know them. Brinson vs. Lassiter, 41(2a).

Same: Not enough that the purchaser knew them. Ibid. Deed not void for uncertainty when it can be made certain by reference. Parler vs. Johnson, 255(5).

Description insufficient, levy void. Brinson vs Lassiter, 41(2).

Same: Boundaries given as "north by Dr. Wallace, and west by Central railroad," it having two branches, and no east and south boundary given, void. Ibid.

Dower may be reserved in sheriff's deed, though not done in levy. Parler vs. Johnson, 254(4).

Same: Conveyance effective as to the reversion. Ibid. Entry of sheriff as to what property was sold, not traversable by third persons. Ibid. 254(2).

Excessive; levy on two tenements on same lot, each worth several thousand dollars, to satisfy tax fi. fa. for less than $100, sale void. Brinson vs. Lassiter, 42.

Excessive; levy of tax fi. fa. for $3.60 on 100 acres of land, worth $1,200 is a fraud on the law. Ibid. 40(1).

Same: Deed in pursuance of such sale is void on its face, if it show the fact. Ibid.

Excessive levy; land sold as life tenant's for taxes, and under judgments, value of life estate, the test. Clower vs. Fleming, 247(2).

Same Life estate only passes by such mixed sale. Ibid. Husband and wife both held liable here for rent and damages, under purchase by her at void tax sale. Brinson vs. Lassiter, 43(3). Partners; under fi. fa against two as such, individual property of either subject. Parler vs. Johnson, 254(1).

Property sold, what was the; entry of sheriff, after lapse of twenty years, better evidence than parol testimony. Ibid. 254(2). Purchaser gets no title, where property not at place of sale, and no seizure made nor forthcoming bond taken. Yoemans vs. Bird, 340.

Sale cannot be of larger but may be of less estate than embraced in levy. Parler vs. Johnson, 254(4'.

v 81-55

Seizure, where none, sale by constable, property not being at place of sale, conveys no title. Yoemans vs. Bird, 340.

Tax fi. fa., and fi. fa. based on judgment, sale under both together, not void. Clower vs. Fleming, 247(1).

LIBEL.

Same: Redemption annexes as against both fi. fas. Ibid. Same: Whole amount paid by purchaser must be refunded, with premium thereon. Ibid.

Justication, plea of, admits that defendants wrote and published the words as alleged in the declaration. Johnson vs. Bradstreet Co. 428.

Justification, plea of, filed, defendant has right to open and conclude.
Ibid. 425.

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

Justification, plea of, no waiver of defence that the words were privileged. Wilson vs. Sullivan, 238(3).

Pleadings, allegations made in, are absolutely privileged, if pertinent, whether sufficient to obtain relief sought or not.

238(1).

Ibid.

Same: However false and malicious, not libellous. Ibid. Privileged communications; allegations made in pleadings are privileged, when. Wilson vs. Sullivan, 238(1).

LICENSE.

Same: However false and malicious, not libelous. Ibid.

Licensee persisting in right to sell lunches on train, after valid revocation, may be prevented by force. Fluker vs. Georgia Railroad, 461(3).

Railroad not liable for battery of licensee of right to sell lunches by competitor in trade. Ibid. 461(4).

Revocation implied license by railroad to sell lunches to passengers, without consideration, revocable at will. Ibid. 461(2).

LIENS. See Landlord and Tenant.

Rent note, rights of transferee of, under acts 1882-3, p. 109. Andrew vs. Stewart, 53(2).

Tax; surety of tax-collector paying off, subrogated to rights of State. Irby vs. Livingston, 281.