Reports of Cases in Law and Equity: Argued and Determined in the Supreme Court of the State of Georgia, Svazek 41Edward O. Jenkins, 1871 |
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Strana 22
... certiorari , and that is assigned as error . JAMES ARMSTRONG , ( by brief , ) for plaintiff in error . No appearance for defendant . By the Court - BROWN , C. J. , delivering the opinion . The Act of 1858 , amendatory of the charter of ...
... certiorari , and that is assigned as error . JAMES ARMSTRONG , ( by brief , ) for plaintiff in error . No appearance for defendant . By the Court - BROWN , C. J. , delivering the opinion . The Act of 1858 , amendatory of the charter of ...
Strana 44
... certiorari for alleged error in the ruling of the Justice , which was refused by the Judge : Held , That the amount sued on being one entire account between the parties , the statute of limitations did not begin to run against the same ...
... certiorari for alleged error in the ruling of the Justice , which was refused by the Judge : Held , That the amount sued on being one entire account between the parties , the statute of limitations did not begin to run against the same ...
Strana 45
... certiorari , requiring said Justice to send up said proceedings , that his alleged error might be corrected . Believing the Justice was right , the Judge refused the certiorari . This refusal is assigned as error . VASON & DAVIS , G. J. ...
... certiorari , requiring said Justice to send up said proceedings , that his alleged error might be corrected . Believing the Justice was right , the Judge refused the certiorari . This refusal is assigned as error . VASON & DAVIS , G. J. ...
Strana 134
... certiorari Judge Green affirmed the decision of the Justice . That is assigned as error . ( When this case was called here , a mo- tion was made to dismiss it , because the Clerk of the Court below had not sent to the Clerk of this ...
... certiorari Judge Green affirmed the decision of the Justice . That is assigned as error . ( When this case was called here , a mo- tion was made to dismiss it , because the Clerk of the Court below had not sent to the Clerk of this ...
Strana 157
... certiorari , and on the hearing thereof , the certiorari was dismissed , and the decision of the Commissioners was sustained . On the hearing the case in this Court , the original Act on file in the Secretary - of - State's office ...
... certiorari , and on the hearing thereof , the certiorari was dismissed , and the decision of the Commissioners was sustained . On the hearing the case in this Court , the original Act on file in the Secretary - of - State's office ...
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administrator affidavit aforesaid alleged arbitrators assigned as error attorney averred award Bibb county bill of exceptions Bond Cartersville cause certiorari charged the jury claim Clerk Company complainant Confederate contract cotton Court erred Court of Equity Court of Ordinary creditors debts deed defendant in error defendant's counsel demurrer dismissed equity evidence executors facts Felton filed fraud Georgia granted ground guardian held husband illegal intent intestate issue James James Bond John Micajah Jones Judge jurisdiction jury found land Lane Latimer lien lots marriage MCCAY ment motion Ordinary overruled paid parties Paterson payment plaintiff in error plea pleaded possession purchase record refused Remley rent rule Schley sheriff slaves sold Southern Express Company statute of limitations Stephen Baxter sued Superior Court Term testator testified Thalia Peters tion trial trustee verdict void wife witness
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Strana 256 - Court that from prejudice or local influence he will not be able to obtain justice in such State Court...
Strana 72 - That no contract for the sale of any goods, wares, and merchandise, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part payment, or that some note or memorandum in writing of the said bargain be made and signed by the parties to be charged by such contract, or their agents thereunto lawfully authorized.
Strana 699 - Kent, or the custom of any borough, or any other particular custom, shall be in writing, and signed by the party so devising the same, or by some other person in his presence and by his express directions, and shall be attested and subscribed in the presence of the said devisor by three or four credible witnesses, or else they shall be utterly void and of none effect.
Strana 319 - The principle of public policy is this; ex dolo malo non oritur actio. No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act.
Strana 666 - Certificates of stock shall be of such form and device as the Board of Directors may...
Strana 319 - ... this country, there the Court says, he has no right to be assisted. It is upon that ground the Court goes ; not for the sake of the defendant, but because they will not lend their aid to such a plaintiff. So, if the plaintiff and defendant were to change sides, and the defendant was to bring his action against the plaintiff, the latter would then have the advantage of it; for where both are equally in fault, potior est conditio defendentis.
Strana 255 - ... if the suit is one in which there can be a final determination of the controversy, so far as it concerns him, without the presence of the other defendants as parties in the cause...
Strana 319 - If, from the plaintiff's own stating or otherwise, the cause of action appears to arise ex turpi causa or the transgression of a positive law of this country, there the Court says he has no right to be assisted. It is upon that ground the Court goes; not for the sake of the defendant, but because they will not lend their aid to such a plaintiff.
Strana 319 - The objection that a contract is immoral or illegal as between plaintiff and defendant, sounds at all times very ill in the mouth of the defendant. It is not for his sake, however, that the objection is ever allowed ; but it is founded in general principles of policy, which the defendant has the advantage of, contrary to the real justice as between him and the plaintiff, by accident, if I may so say.
Strana 568 - That where any Real Estate shall be devised to a Trustee, without any express Limitation of the Estate to be taken by such Trustee, and the beneficial Interest in such Real Estate, or in the surplus Rents and Profits thereof, shall not be given to any Person for Life, or such beneficial...