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administrator admitted affidavit agreement alleged amendment amount answer appear assigned Bank of Columbus Bank of Macon Beall bill bond Cashier cause charge the Jury claim complainant contract counsel County Court of Equity Court of Ordinary creditors debtor declaration decree deed defendant in error defendant's delivering the opinion demurrer dollars dower ejectment entitled evidence excepted execution executor facts favor fendant filed fraud Georgia grant ground held indictment interest issued John Jones jurisdiction Legislature Let the judgment levy liable ment mortgage motion negroes nunc pro tunc objection paid parol parties payment persons plaintiff in error plea pleaded possession presiding Judge principle prove purchase money question received record refused rendered rule Seaborn Jones Sheriff Sheriff's deed Statute of Limitations sufficient suit Superior Court sustained Term testator testimony thereof tion trial trust Twiggs County usury verdict void Whitehurst wife witness
Сторінка 413 - Patience and gravity of hearing is an essential part of justice; and an overspeaking judge is no well-tuned cymbal. It is no grace to a judge first to find that which he might have heard in due time from the bar; or to show quickness of conceit in cutting off evidence or counsel too short, or to prevent information by questions, though pertinent.
Сторінка 366 - ... knowledge of all the facts, adopts or acquiesces in the acts done under an assumed agency, he cannot be heard afterwards to impeach them, under the pretence that they were done without authority, or even contrary to instructions.
Сторінка 347 - The true test of the interest of a witness is, that he will either gain or lose by the direct legal operation and effect of the judgment, or that the record will be legal evidence for or against him in some other action.
Сторінка 382 - the rule for jurisdiction is that nothing shall be intended to be out of the jurisdiction of a superior court but that which specially appears to be so...
Сторінка 469 - But a mere intruder cannot enter on a person actually seized and eject him, and then question his title or set up an outstanding title in another. The maxim that the plaintiff must recover on the strength of his own title, and not on the weakness of the defendant's, is applicable to all actions for the recovery of property.
Сторінка 72 - Parliament, also, it is not, in general, a true line of construction to decide according to the strict letter of the act ; but the Courts will rather consider what is its fair meaning («), and will expound it differently from the letter, in order to preserve the intent (x).
Сторінка 482 - Court upon a Supplicavit for security of the peace against her husband, and it is necessary, that she should live apart, as incidental to that the Chancellor will allow her separate maintenance : so in the Ecclesiastical Court, if it is necessary for a divorce a mensa et thoro propter scevitiam.
Сторінка 206 - We may, therefore, assume as the settled doctrine of this Court, that if a patent is absolutely void upon its face, or the issuing thereof was without authority, or was prohibited by statute, or the State had no title, it may be impeached collaterally in a Court of law, in an action of ejectment.
Сторінка 300 - Their influence has reached the courts of law, and the case of mortgages is one of the most splendid instances in the history of our jurisprudence, of the triumph of equitable principles over technical rules, and of the homage which those principles have received by their adoption in the courts of law.