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 18
... question with great ability . The substance of his decision is contained in the following head note : In " If there is no corruption or partiality in arbitrators , nor any misconduct during the hearing , nor any fraud practiced by ...
... question with great ability . The substance of his decision is contained in the following head note : In " If there is no corruption or partiality in arbitrators , nor any misconduct during the hearing , nor any fraud practiced by ...
Strana 19
... question whether the integrity of the arbitrators could be arrayed . ( Morris vs. Reynolds , 2 Lord Raymond , 857. ) In this he was properly overruled , but it appears to be settled that a Court of law will not , even when the sub ...
... question whether the integrity of the arbitrators could be arrayed . ( Morris vs. Reynolds , 2 Lord Raymond , 857. ) In this he was properly overruled , but it appears to be settled that a Court of law will not , even when the sub ...
Strana 20
... question of law which arose in the case . If they have been guilty of par- tiality or corruption , or have referred any matter to chance or lot , or have made a palpable mistake of law , as for in- stance , if they hold that the oldest ...
... question of law which arose in the case . If they have been guilty of par- tiality or corruption , or have referred any matter to chance or lot , or have made a palpable mistake of law , as for in- stance , if they hold that the oldest ...
Strana 21
... question , as we are satisfied the whole evidence given in before the arbitrators is not before the Court . But the case will have to be a very strong one , indeed , which will au- thorize a Court to set aside the award on the ground of ...
... question , as we are satisfied the whole evidence given in before the arbitrators is not before the Court . But the case will have to be a very strong one , indeed , which will au- thorize a Court to set aside the award on the ground of ...
Strana 37
... question , whether the Legislature can pass any Act to delay a case till the second term , by putting the party bringing it up upon ordinary diligence . Must not the diligence that keeps the case from being stricken from the docket , be ...
... question , whether the Legislature can pass any Act to delay a case till the second term , by putting the party bringing it up upon ordinary diligence . Must not the diligence that keeps the case from being stricken from the docket , be ...
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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...