Reports of Cases in Law and Equity, Argued and Determined in the Supreme Court of the State of Georgia, in the Year ..., Svazek 4Edward O. Jenkins, 1848 |
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Strana 28
... issue of fact was formed , upon that portion of the 3d ground , relative to the injury that would accrue to the navigation of Savannah River , and the commerce thereof , and the public generally ; and at the January Term 1847 , a ...
... issue of fact was formed , upon that portion of the 3d ground , relative to the injury that would accrue to the navigation of Savannah River , and the commerce thereof , and the public generally ; and at the January Term 1847 , a ...
Strana 31
... issue that ought never to have been submitted . The act had declared that this line should be run for the purpose of improving the commerce and navigation of the River Savannah . It had been passed at the instance of the Guar- dians of ...
... issue that ought never to have been submitted . The act had declared that this line should be run for the purpose of improving the commerce and navigation of the River Savannah . It had been passed at the instance of the Guar- dians of ...
Strana 32
... issue to enforce , and yet that the Court has enforced it . To this , we have several answers . 1. That the object of establishing this line is to reconcile conflicting interests , and thus preventing litigation , and also to improve ...
... issue to enforce , and yet that the Court has enforced it . To this , we have several answers . 1. That the object of establishing this line is to reconcile conflicting interests , and thus preventing litigation , and also to improve ...
Strana 38
... issue . This Section was declared by the Judiciary to be unconstitutional , for want of conformity to the title of the Act ; it was re - enacted in 1829 , ( Prince , 253 , ) but neither the Courts nor the Legislature supposed that the ...
... issue . This Section was declared by the Judiciary to be unconstitutional , for want of conformity to the title of the Act ; it was re - enacted in 1829 , ( Prince , 253 , ) but neither the Courts nor the Legislature supposed that the ...
Strana 43
... issue writs of Mandamus , prohibition , scire facias , and all other writs , which may be necessary , for car- rying their powers fully into effect . " ( Prince , 911. ) Would it not be absurd to say , that to the Superior Courts belong ...
... issue writs of Mandamus , prohibition , scire facias , and all other writs , which may be necessary , for car- rying their powers fully into effect . " ( Prince , 911. ) Would it not be absurd to say , that to the Superior Courts belong ...
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action admitted adverse possession affidavit alleged apply assignment authority Bank Bank of Macon bill cause Chancery city of Savannah Collins Common Law complainant Constitution contract counsel Court of Equity Court of Ordinary covenant creditor debt declaration decree deed defendant in error defendant's delivering the opinion demurrer Dudley entitled evidence execution Executors fact fraud free persons Georgia give grant Grigg ground heirs holder indictment indorser instrument intended John Judge judgment jurisdiction Justice land Legislature liable libel lien mala fides Mayor and Aldermen ment mortgage motion negroes Nisbet notice owner paid party payee payment persons of color plaintiff in error plea plead possession principle promissory note purchaser question record remedy riparian riparian proprietor rule slaves Statute Statute of Limitations suit Superior Court Supreme Court surety Term testator testimony tion trial usury verdict void witness writ of error
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Strana 134 - State sovereignty would only exist in three cases: where the Constitution in express terms granted an exclusive authority to the Union; where it granted in one instance an authority to the Union, and in another prohibited the States from exercising the like authority; and where it granted an authority to the Union, to which a similar authority in the States would be absolutely and totally contradictory and repugnant.
Strana 305 - ... all actions of debt grounded upon any lending or contract, without specialty, and all actions of debt for arrearages of rent, shall be commenced and sued within six years next after the cause of such action or suit, and not after.
Strana 247 - ... without diminution or alteration. No proprietor has a right to use the water, to the prejudice of other proprietors, above or below him, unless he has a prior right to divert it, or a title to some exclusive enjoyment. He has no property in the water itself, hut a simple usufruct while it passes along. 'Aqua currit et debet currere ut currere solebat
Strana 142 - ... apprehended from the violence and partiality of Judges appointed by the crown, in suits between the king and the subject, than in disputes between one individual and another — to settle the metes and boundaries of private property.
Strana 61 - It is a rule in law when the ancestor by any gift cr conveyance takes an estate of freehold, and in the same gift or conveyance an estate is limited, either mediately or immediately to his heirs in fee or in tail, that always in such cases 'the heirs' are words of limitation of the estate, and not words of purchase.
Strana 473 - For it is not to be presumed that the Legislature intended to make any innovation upon the Common Law further than the case absolutely required.
Strana 567 - It is the constant aim of a court of equity to do complete justice by deciding upon and settling the rights of all persons interested in the subject of the suit, so as to make the performance of the order of the court perfectly safe to those who are compelled to obey it, and to prevent future litigation.
Strana 241 - But it is a very different question, whether he can take away from the owner of the land below, one of its natural advantages which is capable of being applied to profitable purposes, and generally increases the fertility of the soil, even when unapplied, and deprive him of it altogether, by anticipating him in its application to a new purpose.
Strana 415 - A great proportion of the rules and maxims which constitute the immense code of the common law grew into use by gradual adoption, and received, from time to time, the sanction of our courts of justice, without any legislative act or interference. It was the application of the dictates of natural justice, and of cultivated reason, to particular cases.
Strana 248 - Every proprietor who claims a right either to throw the water back above, or to diminish the quantity of water which is to descend below, must, in order to maintain his claim, either prove an actual grant .or license from the proprietors affected by his operations, or must prove an uninterrupted enjoyment of twenty years...