Reports of Cases in Law and Equity, Argued and Determined in the Supreme Court of the State of Georgia, in the Year ..., Volume 8Edward O. Jenkins, 1850 - Equity |
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Page 24
... Certiorari , in Chatham Superior Court . Decided by . Judge FLEMING , June , 1849 . By an ordinance of the Mayor and Council of Savannah , pass- ed 11th November , 1842 , a tax was imposed as follows : “ " Upon all gross income derived ...
... Certiorari , in Chatham Superior Court . Decided by . Judge FLEMING , June , 1849 . By an ordinance of the Mayor and Council of Savannah , pass- ed 11th November , 1842 , a tax was imposed as follows : “ " Upon all gross income derived ...
Page 25
... certiorari . On hearing the certiorari , the same was sus- tained by the Court , and the decision of the Council réversed . This decision is alleged as error . S. COHEN , for plaintiff in error . The Acts of the Legislature , viz : the ...
... certiorari . On hearing the certiorari , the same was sus- tained by the Court , and the decision of the Council réversed . This decision is alleged as error . S. COHEN , for plaintiff in error . The Acts of the Legislature , viz : the ...
Page 49
... Certiorari , in Ware Superior Court . Decided by Judge HANSELL , December Term , 1849 . Two fi . fas . from a Justice's Court , were levied on a stock of cattle , in possession of the defendant in fi . fa . and a claim , by Isaac Carter ...
... Certiorari , in Ware Superior Court . Decided by Judge HANSELL , December Term , 1849 . Two fi . fas . from a Justice's Court , were levied on a stock of cattle , in possession of the defendant in fi . fa . and a claim , by Isaac Carter ...
Page 50
... certiorari , on the grounds , that the verdict was unauthorized by the evidence ; that the Jury had no right to give damages , and that the oath administered to the Jury was the oath of a Special Jury in the Superior Court . On hearing ...
... certiorari , on the grounds , that the verdict was unauthorized by the evidence ; that the Jury had no right to give damages , and that the oath administered to the Jury was the oath of a Special Jury in the Superior Court . On hearing ...
Page 51
... certiorari , and we affirm the judgment of the Court below . No. & -ANTHONY PHILLIPS , plaintiff in error , vs. DANIEL R. DODGE , defendant in error . [ 1. ] The cause of action in this case is not within the Act of 1847 , entitled " An ...
... certiorari , and we affirm the judgment of the Court below . No. & -ANTHONY PHILLIPS , plaintiff in error , vs. DANIEL R. DODGE , defendant in error . [ 1. ] The cause of action in this case is not within the Act of 1847 , entitled " An ...
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Common terms and phrases
action Adm'r administrator alleged amendment answer appeal arbitrators assets assigned authority award bank Beall bill of exceptions bond Carter cause certiorari charge choses in action claim claimant Clerk Colquitt Common Law complainant contract corporation counsel County Court of Equity Court of Ordinary creditors debts decision declaration decree deed defendant in error delivering the opinion demurrer entitled evidence execution executors fact filed fraud Georgia grant ground held Henry County Inferior Court injunction issue John Jones Judge jurisdiction Jury Kenan land legatees Legislature Let the judgment levied liable lien ment motion ne exeat negroes paid parties payment Pendergrast persons plaintiff in error plea pleadings possession prove purchaser Pyron question record refused rule Sheriff slave sold Statute of Limitations stockholders Story's Eq suit Superior Court Term testator thereof Thomas tion trial trust umpire verdict wife Williams witness
Popular passages
Page 216 - Nor does this conclusion by any means suppose a superiority of the judicial to the legislative power. It only supposes that the power of the people is superior to both ; and that where the will of the legislature, declared in its statutes, stands in opposition to that of the people, declared in the Constitution, the judges ought to be governed by the latter rather than the former. They ought to regulate their decisions by the fundamental laws, rather than by those which are not fundamental.
Page 341 - For though in particular cases the repugnance of the law to dissolve the obligations of matrimonial cohabitation may operate with great severity upon individuals, yet it must be carefully remembered that the general happiness of the married life is secured by its indissolubility. When people understand that they must live together, except for a very few reasons known to the law, they learn to soften by mutual accommodation that yoke which they know they cannot shake off; they become good husbands,...
Page 203 - That the records and judicial proceedings of the courts of any state, shall be proved or admitted in any other court within the United States, by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, as the case may be, that the said attestation is in due form.
Page 451 - It is not enough that there is a remedy at law; it must be plain and adequate, or, in other words, as practical and efficient to the ends of justice and its prompt administration, as the remedy in equity.
Page 34 - There is no position which depends on clearer principles than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution can be valid. To deny this would be to affirm that the deputy is greater than his principal, that the servant is above his master, that the representatives of the people are superior to the people themselves, that men acting by virtue of powers may do not only...
Page 216 - A constitution is, in fact, and must be regarded by the judges, as a fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body. If there should happen to be an irreconcilable variance between the two, that which has the superior obligation and validity ought, of course, to be preferred; or, in other words, the Constitution ought to be preferred to the statute, the intention of the people to the intention...
Page 366 - There are certain political duties imposed upon many officers in the executive department, the discharge of which is under the direction of the President. But it would be an alarming doctrine, that congress cannot impose upon any executive officer any duty they may think proper, which is not repugnant to any rights secured and protected by the constitution; and in such cases, the duty and responsibility grow out of and are subject to the control of the law, and not to the direction of the President.
Page 495 - The obligation of those contracts survives, and the creditors may enforce their claims against any property belonging to the corporation which has not passed into the hands of bona fide purchasers, but is still held in trust for the company or for the stockholders thereof, at the time of its dissolution, in any mode permitted by the local laws.
Page 34 - ... Legislative act, therefore, contrary to the Constitution, can be valid. To deny this, would be to affirm, that the deputy is greater than his principal ; that the servant is above his master ; that the Representatives of the People are superior to the People themselves ; that men acting by virtue of powers, may do not only what their powers do not authorize, but what they forbid.
Page 249 - At common law there could be no limitation over of a chattel, but a gift for life carried the absolute interest.