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action administrator affidavit aforesaid alleged answer appears attachment authority Bank Bibb county bill bond cause chancery charged choses in action claim common law complainant contract conveyance counsel court of equity creditor debt debtor decision declared decree deed defendant in error delivering the opinion demurrer discharge entitled evidence execution executor facts filed fraud Georgia ground heirs held holder husband indictment indorser injunction intention interest Irwinton issue Johns Judge jurisdiction jury justice Kelly land legislature levied liable lien ment mortgage motion Napier negro nolle prosequi notice offence paid party payment person plaintiff in error plead possession principle prisoner promissory note purchaser question record rendered Ruckersville rule sheriff Sims statute Story Eq suit Superior Court Supreme Court surety sworn term testator testimony tion trial trust usurious verdict vested voire dire wife William witness writ
Page 174 - For no country ever takes notice of the revenue laws of another. " <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. The principle of public policy...
Page 39 - In vain may it be urged, that the good of the individual ought to yield to that of the community; for it would be dangerous to allow any private man or even any public tribunal to be the judge of this common good, and to decide whether it be expedient or no. Besides, the public good is in nothing more essentially interested, than in the protection of every individual's private rights, as modelled by the municipal law.
Page 329 - So great moreover is the regard of the law for private property, that it will not authorize the least violation of it; no, not even for the general good of the whole community.
Page 270 - 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.
Page 322 - ... it is very difficult to define the indivisible line that divides perfect and partial insanity ; but it must rest upon circumstances duly to be weighed and considered both by the judge and jury, lest on the one side there be a kind of inhumanity towards the defects of human nature, or on the other side too great an indulgence given to great crimes...
Page 20 - It is a modification of the ancient .maxim, and amounts to this : that though penal laws are to be construed strictly, they are not to be construed so strictly as to defeat the obvious intention of the...
Page 39 - The Great Charter of the liberties of England," it is declared and enacted, that no freeman may be taken or imprisoned or be disseised of his freehold or liberties, or his free customs, or be outlawed or exiled, or in any manner destroyed, but by the lawful judgment of his peers, or by the law of the land.
Page 46 - It becomes necessary for us, therefore, upon the present occasion, to express our own opinion of the true result of the commercial law upon the question now before us. And we have no hesitation in saying that a pre-existing debt does constitute a valuable consideration, in the sense of the general rule already stated, as applicable to negotiable instruments.
Page 174 - No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act. 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.