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 16
... hold that the objection to the award on this ground was not well pleaded . The language used must be taken most strongly against the pleader . He does not pretend to say in this case that he has set forth all the evidence which was ...
... hold that the objection to the award on this ground was not well pleaded . The language used must be taken most strongly against the pleader . He does not pretend to say in this case that he has set forth all the evidence which was ...
Strana 20
... hold that the arbitrators are the judges of the law and the facts in the case submitted to them ; and that the award is final and conclusive between the parties , unless attacked in the manner pointed out by the statute , for fraud ...
... hold that the arbitrators are the judges of the law and the facts in the case submitted to them ; and that the award is final and conclusive between the parties , unless attacked in the manner pointed out by the statute , for fraud ...
Strana 21
... hold that the Court can not set aside an award for illegality , on this ground , where there is any evidence to sustain it . To authorize the interference of the Court , the award must be so palpably contrary to evidence as to justify ...
... hold that the Court can not set aside an award for illegality , on this ground , where there is any evidence to sustain it . To authorize the interference of the Court , the award must be so palpably contrary to evidence as to justify ...
Strana 22
... hold that the Statute of 1858 must yield to this pro- vision of the Constitution , and must not be construed to con- fer upon the city authorities any power of taxation not pos- sessed by the General Assembly over the property of the ...
... hold that the Statute of 1858 must yield to this pro- vision of the Constitution , and must not be construed to con- fer upon the city authorities any power of taxation not pos- sessed by the General Assembly over the property of the ...
Strana 31
... hold of the matter , not only to do this but to make a full decree , settling the rights of the par- ties . Such a doctrine would set aside the whole policy and effect of the arbitration law . This ground for equitable in- terference ...
... hold of the matter , not only to do this but to make a full decree , settling the rights of the par- ties . Such a doctrine would set aside the whole policy and effect of the arbitration law . This ground for equitable in- terference ...
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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...