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action alleged amended amount Appeal from Superior Appeals of Georgia authority bank Bertie county bill bill of lading bonds brings error carrier cause charge Circuit Court claim codicil complained concur contract Coun counsel Court of Appeals court of equity Criminal Law damages decree deed defendant's demurrer denied Digests and Indexes equity Error from Superior estoppel evidence facts fendant filed Georgia ground heirs held husband indictment injunction interest issue Judgment affirmed jury Key-Numbered Digests land liable Martin county ment mortgage motion nonsuit North Carolina opinion overruled owner paid parties payment person petition plaintiff in error pleadings possession purchase question Railroad Company reason recover rendered resulting trust reversed rule statute sufficient suit Superior Court supra Supreme Court Syllabus Tennessee River testified testimony thereof thereto tiff tion topic and KEY-NUMBER trust verdict wife witness
Page 60 - ... no contract for the sale of any goods, wares, and merchandises, 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...
Page 443 - We hold, however, that the basis of all calculations as to the reasonableness of rates to be charged by a corporation maintaining a highway under legislative sanction must be the fair value of the property being used by it for the convenience of the public.
Page 154 - In case of the death, or other disability, of a party, the court, on motion, may allow the action to be continued by or against his representative or successor in interest. In case of any other transfer of interest, the action may be continued in the name of the original party, or the court may allow the person to whom the transfer is made to be substituted in the action.
Page 443 - What the company is entitled to ask is a fair return upon the value of that which it employs for the public convenience. On the other hand, what the public is entitled to demand is that no more be exacted from it for the use of a public highway than the services rendered by it are reasonably worth.
Page 447 - The procedural provisions of the Act are assailed. But these provisions, as we construe them, do not offend against the constitutional requirements governing the creation and action of administrative bodies. See Interstate Commerce Commission v. Louisville & Nashville R.
Page 132 - State; provided, that all actions for the recovery of the possession of, quieting the title to, or for the enforcement of liens upon real estate, shall be commenced in the county in which the real estate, or any part thereof affected by such action or actions, is situated.
Page 239 - To take and hold such voluntary grants of real estate and other property as shall be made to it, to aid in the construction, maintenance and accommodation of its rai>oad ; but the real estate received by voluntary grant shall be held and used for the purposes of such grant only.
Page 239 - To purchase, hold and use all such real estate and other property as may be necessary for the construction and maintenance of its railroad, and the stations and other accommodations necessary to accomplish the objects of its incorporation; but nothing herein contained shall be held as repealing, or in any way affecting the act entitled " An act authorizing the construction of railroads upon Indian lands,
Page 184 - ... in its discretion, and upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment, order, or other proceeding, taken against him through his mistake, inadvertence, surprise, or excusable neglect...
Page 443 - And in order to ascertain that value, the original cost of construction, the amount expended in permanent improvements, the amount and market value of its bonds and stock, the present as compared with the original cost of construction, the probable earning capacity of the property under particular rates prescribed by statute and the sum required to meet operating expenses, are all matters for consideration, and are to be given such weight as may be just and right in each case.