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 44
... opinion . 1. This was a suit upon a judgment from the Circuit Court of Alabama . To this suit , the defendant plead infancy at the time of the making of the note ; that he did not make the note , and that he was not a partner of the ...
... opinion . 1. This was a suit upon a judgment from the Circuit Court of Alabama . To this suit , the defendant plead infancy at the time of the making of the note ; that he did not make the note , and that he was not a partner of the ...
Strana 59
... opinion . The first error assigned against the Judgment of the Court below , is , that " That the Court erred in deciding that the purchaser , at a sale made under a decree of a Court of Chan- cery , upon a bill filed in the State of ...
... opinion . The first error assigned against the Judgment of the Court below , is , that " That the Court erred in deciding that the purchaser , at a sale made under a decree of a Court of Chan- cery , upon a bill filed in the State of ...
Strana 70
... opinion .. 1. The first exception to the ruling of the Court below as- sumes that in a case , wherein a corporation is plaintiff , the Court is bound to ignore its existence , unless an exemplified copy of the Statute incorporating it ...
... opinion .. 1. The first exception to the ruling of the Court below as- sumes that in a case , wherein a corporation is plaintiff , the Court is bound to ignore its existence , unless an exemplified copy of the Statute incorporating it ...
Strana 73
... opinion about it . Gresham was Mrs. B.'s overseer at that time . Witness knew several of the negroes , one or two . The value placed upon them by Motley was about right and fair . They said they were to go equal shares in the farm for ...
... opinion about it . Gresham was Mrs. B.'s overseer at that time . Witness knew several of the negroes , one or two . The value placed upon them by Motley was about right and fair . They said they were to go equal shares in the farm for ...
Strana 76
... said , it was her opinion that she ought to give one as much as another , and that her duty was to do right ; and if , after all she should do , the children throwed Evans et al . vs. Lipscomb et al . it 76 SUPREME COURT OF GEORGIA .
... said , it was her opinion that she ought to give one as much as another , and that her duty was to do right ; and if , after all she should do , the children throwed Evans et al . vs. Lipscomb et al . it 76 SUPREME COURT OF GEORGIA .
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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.