Reports of Cases in Law and Equity, Argued and Determined in the Supreme Court of the State of Georgia, in the Year ..., Volume 11Edward O. Jenkins, 1853 - Equity |
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Common terms and phrases
action administrator alleged amended answer appear assigned Batt Wyche Benjamin L bill bond cause cestui que trust Chancery charged the Jury charter claim Clerk Collector Common Law complainant contract costs counsel for defendant County Court of Equity Court of Ordinary debt decision declared decree deed defendant in error defendant's delivering the opinion demurrer Dougherty Duncan duty Elizabeth M. M. Evans evidence excepted execution executor fact filed Georgia Greenwood ground husband indictment Inferior Court issue James Byars Judge jurisdiction Jurors Justices land liable marriage McDougald ment Muscogee Muscogee County negroes nulla bona objection offence overruled paid party payment Perryman person plaintiff in error pleaded possession prisoner proof proved purchase question received rendered Richard Wallace rule Seaborn Jones Sheriff slave Statute stockholders suit Superior Court taxes Term testimony thereof tion trial verdict VOL XI Wallace wife William witness
Popular passages
Page 400 - Fraud, indeed, in the sense of a court of equity properly includes all acts, omissions and concealments which involve a breach of legal or equitable duty, trust, or confidence, justly reposed, and are injurious to another, or by which an undue and unconscientious advantage is taken of another.
Page 106 - It is properly applied to cases where two or more persons severally claim the same thing under different titles or in separate interests from another person, who, not claiming- any title or interest therein himself, and not knowing to which of the claimants he ought of right to render the debt or duty...
Page 617 - If the declarations spring out of the transaction, if they elucidate it, if they are voluntary and spontaneous, and if they are made at a time so near to it as reasonably to preclude the idea of deliberate design, they are then to be regarded as contemporaneous.
Page 602 - No man shall take upon him to dictate to a parent what clothing the child shall wear, at what time they shall be purchased, or of whom; all that must be left to the discretion of the father or mother.
Page 362 - We know of no case, in which a legislative act to transfer the property of A to B, without his consent, has ever been held a constitutional exercise of legislative power in any State in the Union. On the contrary, it has been constantly resisted as inconsistent with just principles, by every judicial tribunal in which it has been attempted to be enforced.
Page 621 - ... evidence; assail the credibility of witnesses, when it is impeached by direct evidence, or by the inconsistency or incoherence of their testimony, their manner of testifying, their appearance on the stand, or by circumstances.
Page 121 - But it is too late now to raise such objection to the act. The general rule that the plaintiff in ejectment must recover upon the strength of his own title...
Page 148 - That such labor shall have been performed within six months next before the bankruptcy of his employer; and all creditors whose debts are not due and payable until a future day, all annuitants, holders of bottomry and respondentia bonds, holders of policies of insurances, sureties, indorsers, bail, or other persons, having uncertain or contingent demands against such bankrupt, shall be permitted to come in and prove such debts or claims under this act, and shall have a right, when their debts and...
Page 483 - In case of excess, the directors under whose administration it shall happen, shall be liable for the same in their natural and private capacities ; and an action of debt may in...
Page 378 - In witness whereof the parties to these presents have hereunto set their hands and affixed their seals the day and year first above written.