Reports of Cases in Law and Equity, Argued and Determined in the Supreme Court of the State of Georgia, in the Year ..., Svazek 31Edward O. Jenkins, 1861 |
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Strana 13
... Judgment of the Court , making the said award the Judgment of the Court , which motion was based upon the following grounds , to - wit : 1st . Because the arbitrators failed to comply with the Stat- ute Laws of Georgia in such cases ...
... Judgment of the Court , making the said award the Judgment of the Court , which motion was based upon the following grounds , to - wit : 1st . Because the arbitrators failed to comply with the Stat- ute Laws of Georgia in such cases ...
Strana 21
... Judgment of the Court . The complain- ant filed this Bill to review that award and judgment , and re- verse and vacate it on various grounds of alleged error , which I will take up and dispose of in the order they are stated in the bill ...
... Judgment of the Court . The complain- ant filed this Bill to review that award and judgment , and re- verse and vacate it on various grounds of alleged error , which I will take up and dispose of in the order they are stated in the bill ...
Strana 22
... judgment , so made , a Court of Equity has no power to review and correct its errors , if there be any , for the parties have agreed to abide by it . But as it was not necessary to put our judgment in this case on that ground , we did ...
... judgment , so made , a Court of Equity has no power to review and correct its errors , if there be any , for the parties have agreed to abide by it . But as it was not necessary to put our judgment in this case on that ground , we did ...
Strana 26
... JUDGMENT . Whereupon , it is considered and adjudged by the Court . that the Judgment of the Court below be reversed , upon the ground that the Court erred in overruling the demurrer to the plaintiff's bill . The Court should have ...
... JUDGMENT . Whereupon , it is considered and adjudged by the Court . that the Judgment of the Court below be reversed , upon the ground that the Court erred in overruling the demurrer to the plaintiff's bill . The Court should have ...
Strana 27
... judgments , ob- tained in the Superior Court , and in the Justice's Court of Greene county , Georgia ; that some of the judgments so paid off were obtained against the said Moses Lee alone , and some were obtained against the said Moses ...
... judgments , ob- tained in the Superior Court , and in the Justice's Court of Greene county , Georgia ; that some of the judgments so paid off were obtained against the said Moses Lee alone , and some were obtained against the said Moses ...
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action aforesaid alleged amount answer Assumpsit bill Buise charged the Jury Claiborn Vaughan claim complainant considered and adjudged contract Court erred Court of Equity death debts deceased decree deed of gift defendant in error delivering the opinion Denson Equity evidence execution executors facts favor fendant filed Georgia Georgia Military Institute granted ground Harriet Lipscomb heard heirs hundred dollars insanity interest interrogatory Isaac Freeland issue James John Aaron John Floyd judgment land Maddox Matthew Smith ment Mildred Bowling motion negroes objection overruled paid parties payment person pistol plaintiff in error possession Powell presiding Judge prison bounds prisoner prove purchase refused Reuben Thornton Richard Aaron Sarah settlement Sharman Sheriff Sheriff's sale slaves sold Statute Stewart Floyd suit Superior Court Term testator testified testimony tion to-wit trial Trover trust verdict Wade Westbrook Whereupon wife William William Maddox witness
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Strana 600 - And the said records and judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the State from whence the said records are or shall be taken.
Strana 248 - Express malice is that deliberate intention unlawfully to take away the life of a fellow creature, which is manifested by external circumstances capable of proof. Malice shall be implied when no considerable provocation appears, or when all the circumstances of the killing show an abandoned and malignant heart.
Strana 478 - ... in respect of one or more particular subjects or persons ; as, for instance, where at the time of the commission of the alleged crime the accused knew he was acting contrary to law, but did the act complained of with a view, under the influence of insane delusion, of redressing or revenging some supposed grievance or injury, or of producing some supposed public benefit?' In answer to which question, assuming that your lordships...
Strana 251 - It is not a mere possible doubt; because everything relating to human affairs, and depending on moral evidence, is open to some possible or imaginary doubt. It is that state of the case which, after the entire comparison and consideration of all the evidence, leaves the minds of the jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge.
Strana 478 - That before a plea of insanity should be allowed, undoubted evidence ought to be adduced that the accused was of diseased mind, and that at the time he committed the act he was not conscious of right or wrong.
Strana 472 - A person shall be considered of sound mind who is neither an idiot nor lunatic, nor affected with insanity ; and who hath arrived at the age of fourteen years, or before that age, if such person know the distinction between good and evil.
Strana 453 - Murder is the unlawful killing of a human being in the peace of the State, by a person of sound memory and discretion, with malice aforethought, either express or implied.
Strana 489 - A presumption arises for the residuary legatee against every one except the particular legatee. The testator is supposed to give it away from the residuary legatee only for the sake of the particular legatee.
Strana 476 - ... it is not every kind of frantic humor or something unaccountable in a man's actions that points him out to be such a madman as is to be exempted from punishment; it must be a man that is totally deprived of his understanding and memory, and doth not know what he is doing, no more than an infant, than a brute, or a wild beast...
Strana 247 - All the presumptions of law independent of evidence are in favor of innocence ; and every person is presumed to be innocent until he is proved guilty. If upon such proof there is reasonable doubt remaining, the accused Is entitled to the benefit of it by an acquittal.