Obrázky stránek
PDF
ePub

LARCENY AFTER TRUST. See Criminal Law.

LARCENY FROM HOUSE. See Criminal Law.

LARCENY FROM RAILROAD CAR. See Criminal Law.

LAWS.

Attorney as witness; acts 1887, p. 30, construed. Skellie vs. James,

425(2).

Cruelty to animals: acts 1880–1, p. 142, reinstates penalty under 84310. McKinne vs. State, 170(5).

Dockets, issue and motion; acts 1882-3, p. 56, applicable to city court. Harris vs. Lowe, 677.

Equitable remedies may be administered at law since acts 1884-5, p. 36. Manheim vs. Claflin, 134.

Same: And under acts 1887, p. 64, same may be, by petition to superior court. Ibid.

[ocr errors]

Gainesville, charter of, (acts 1877, p. 163); suit against "the mayor and council of the city of Gainesville," sustained. Mayor

vs. Caldwell, 76(1).

Garnishment, dissolving, act 1884–5, p. 96, bond given under, not affect right of debtor to assert exemption. Born vs. Williams, 801(2).

Judicial cognizance, courts will take of what public laws are in existence; principle applied to local option laws. Combs vs. State, 780.

Juries in city courts; act December 17, 1879, is not a general law, and the special act creating city court Bartow county, not in conflict with it. Conyers vs. Graham, 615(4b).

Local option, for Catoosa county; acts 1882-3, p. 613; indictment need not allege nor proof show, law in force. Combs vs. State, 782.

Rent contract; special lien of transferee; acts 1882-3, p. 109, construed. Andrew vs. Stewart, 54.

Separate estate of mother; children sharing with father on her death. Acts 1871–2, p. 48, not retroactive. Lathrop vs. White, 34(1).

Same: Prior to that act, husband was sole heir of wife.
Ibid.

Uniform procedure act of 1887, p. 64, discussed. Manheim vs. Claflin.

129.

LEGAL MAXIMS.

Id certum est quod certum reddi potest.

Van Winkle vs. Wilkins, 94(10).

LEVY AND SALE.

Bidder may substitute another, and sheriff's deed to him valid. Parler vs. Johnson, 254(3).

Boundaries of land levied on, must be described so that the world may know them. Brinson vs. Lassiter, 41(2a).

Same: Not enough that the purchaser knew them. Ibid. Deed not void for uncertainty when it can be made certain by reference. Parler vs. Johnson, 255(5).

Description insufficient, levy void. Brinson vs Lassiter, 41(2).

Same: Boundaries given as "north by Dr. Wallace, and west by Central railroad," it having two branches, and no east and south boundary given, void. Ibid.

Dower may be reserved in sheriff's deed, though not done in levy. Parler vs. Johnson, 254(4).

Same: Conveyance effective as to the reversion. Ibid. Entry of sheriff as to what property was sold, not traversable by third persons. Ibid. 254(2).

Excessive; levy on two tenements on same lot, each worth several thousand dollars, to satisfy tax fi. fa. for less than $100, sale void. Brinson vs. Lassiter, 42.

Excessive; levy of tax fi. fa. for $3.60 on 100 acres of land, worth $1,200 is a fraud on the law. Ibid. 40(1).

Same: Deed in pursuance of such sale is void on its face, if it show the fact. Ibid.

Excessive levy; land sold as life tenant's for taxes, and under judgments, value of life estate, the test. Clower vs. Fleming, 247(2).

Same: Life estate only passes by such mixed sale. Ibid. Husband and wife both held liable here for rent and damages, under purchase by her at void tax sale. Brinson vs. Lassiter, 43(3). Partners; under fi. fa against two as such, individual property of either subject. Parler vs. Johnson, 254(1).

Property sold, what was the; entry of sheriff, after lapse of twenty years, better evidence than parol testimony. Ibid. 254(2). Purchaser gets no title, where property not at place of sale, and no seizure made nor forthcoming bond taken. Yoemans vs. Bird, 340.

Sale cannot be of larger but may be of less estate than embraced in levy. Parler vs. Johnson, 254(4'.

V 81-55

Seizure, where none, sale by constable, property not being at place of sale, conveys no title. Yoemans vs. Bird, 340.

Tax fi. fa., and fi. fa. based on judgment, sale under both together, not void. Clower vs. Fleming, 247(1).

LIBEL.

Same: Redemption annexes as against both fi. fas. Ibid. Same: Whole amount paid by purchaser must be refunded, with premium thereon. Ibid.

Justication, plea of, admits that defendants wrote and published the words as alleged in the declaration. Johnson vs. Bradstreet Co. 428.

Justification, plea of, filed, defendant has right to open and conclude.
Ibid. 425.

Same: And this, though general issue also filed. Ibid.
Same: And though special damages claimed. Ibid.

Justification, plea of, no waiver of defence that the words were privileged. Wilson vs. Sullivan, 238(3).

Pleadings, allegations made in, are absolutely privileged, if pertinent, whether sufficient to obtain relief sought or not.

238(1).

Ibid.

Same: However false and malicious, not libellous. Ibid. Privileged communications; allegations made in pleadings are privileged, when. Wilson vs. Sullivan, 238(1).

LICENSE.

Same: However false and malicious, not libelous. Ibid.

Licensee persisting in right to sell lunches on train, after valid revocation, may be prevented by force. Fluker vs. Georgia Railroad, 461(3).

Railroad not liable for battery of licensee of right to sell lunches by competitor in trade. Ibid. 461(4).

Revocation implied license by railroad to sell lunches to passengers, without consideration, revocable at will. Ibid. 461(2).

LIENS. See Landlord and Tenant.

Rent note, rights of transferee of, under acts 1882-3, p. 109. Andrew vs. Stewart, 53(2).

Tax; surety of tax-collector paying off, subrogated to rights of State. Irby vs. Livingston, 281.

Voluntary deed, not defeat debt of grantor created before its execution. Seals rs. Benson, 44.

Same: Judgment subjecting land, though dormant, and revived, land still subject. Ibid.

[blocks in formation]

Alcohol is a spirituous and intoxicating liquor, and requires no proof. Snider vs. State, 753.

Selling or furnishing to minor.

See Criminal Law, and thereunder,

Liquor.

LOCAL OPTION.

Indictment need not allege, nor proof show, that law operative in that county by adoption of the people. Combs vs. State, 780.

LUNATICS. See Appeal.

MALICIOUS PROSECUTION.

Advice of justice of peace that warrant would lie, inadmissible. Rigden vs. Jordan, 669(5).

Damages, how assessed where plea of justification filed and not sustained. Ibid. 674.

Evidence before committing magistrate, of witness since dead, admissible. Ibid. 674(3).

Justification; plea admitting arrest of plaintiff for cheating and swindling, and setting out facts as amounting to probable cause, held sufficient. Ibid. 668(1).

Justification, plea of, filed, effect is to abandon general issue. Ibid. 668(2a).

Same: Plaintiff need introduce no proof. Ibid.

Same: Open and conclude, right to, is in defendant. Ibid. 668(26).

Probable cause for arrest sufficient; prosecutor need not be fully satisfied of truth of charge; nor does he guarantee conviction. Ibid. 668(1a).

Probable cause; statements made in answer to inquiries, admissible to show. Ibid. 669(4).

Statements of third persons in answer to inquiries made before arrest admissible to show probable cause. Ibid.

Verdict here for defendant was contrary to evidence. Ibid. 669(7).

MASTER AND SERVANT.

Assault and battery of servant, master cannot sue for, unless service lost. Fluker vs. Georgia Railroad, 461(5).

Discharge at pleasure, finding against right to, sustained by evidence. Roberts vs. Rigden, 440(3).

Discharge of marshal before end of year by town incorporated under 22774–797, gives no action. Miller vs. Town of Seney, 489. Discharge of officer who failed to give official bond, not actionable.

Ibid.

Discharge pending term, recovery, where suit brought before term expired, may embrace all damages to end of term. Roberts vs. Rigden, 440(1).

Discharge pending term of service (suit before term expired), measure of damages stated. Roberts vs. Crowley, 429,3).

Same: All relevant facts transpiring between discharge and day of trial may be considered. Ibid.

Discharged servant must seek employment in similar business, and earnings deducted. Ibid. 439(3).

Same: Burden on defendant to show he did obtain it, or could by due diligence. Ibid.

Engineer may decline to drive engine over track of other road, and if hurt by defect in track or want of adaptation of engine to track, cannot recover. Dunlap vs. Richmond & Danville Railroad Co. 138.

Fellow-servants, duty of master is to exercise reasonable and ordinary care in the selection of competent. Keith vs. Walker Company, 49.

Fellow-servants; master not liable to servant for negligence of coemployé. Ibid.

Same: Carpenter here was killed by defectively constructed arch by masons. Ibid.

Provoking servant so as to unfit him for exercise of prudence, and to become violent, will excuse master, when. Georgia Railroad, 485(2).

Peavy vs.

Rope furnished servant (well-digger) breaking and injuring him, nonsuit proper, when. Reid vs. Central Railroad, 694. Tort of servant (conductor) in shooting passenger, road not liable for, when. Peavy vs. Georgia Railroad, 485(2).

Trespass by employés of sub-contractor, master not liable for. Parker vs. Waycross & Florida Railroad, 388(6).

MEASURE OF DAMAGES. See Trover.

Child, personal injury to (loss of arm); amount is in discretion of jury. Western & Atlantic Railroad 18. Young, 3974).

« PředchozíPokračovat »