Entered according to Act of Congress, in the year 1869, by J. W. BURKE & CO., strict Court of the United States for the Southern District of Georgia. In the Clerk's Office of the Rec Jan 24.1872 REPORTER'S NOTE. It is due, both to the public and the Reporter, that the causes which have conspired to delay the publication of this volume should be made known. Several hundred pages of the volume were printed, in the latter part of 1861. Early in 1862, the Reporter entered the military service of the Confederate States, and continued therein until he was disabled. The absence of lawyers, parties, witnesses, and jurors in the army, led to an almost total suspension of the Courts, and there being little or no demand for the book, its publication was discontinued. During the war, the house of the Reporter was burned, and his books and papers, including many of the cases in original manuscript, were destroyed. The printed part of the volume was destroyed with the Printing House in the city of Atlanta. The close of the war, found the Reporter, like thousands of his fellow-countrymen, poor and destitute, and he deems it no humiliation to say, that he was not pecuniarily able to incur the expense of leaving home, and remaining at Milledgeville long enough to copy the opinions, and restate, from the records and bills of exception, the burned cases, and then advance the price of publication, taking the chances of remuneration from the sale of the book, for which there was still but little demand. Sixty-five cases in this volume were destroyed, and had to be gotten up anew, and but for the statute of 1868, and the liberality of John W. Burke, Esqr., the publication of the book, even at this time, would have involved pecuniary loss to the Reporter. JUDGES OF THE SUPREME COURT. Hon. JOSEPH HENRY LUMPKIN, ATHENS, Hon. CHARLES J. JENKINS, AUGUSTA. JUDGES OF THE SUPERIOR COURTS, WHOSE DECISIONS ARE REVIEWED IN THESE REPORTS. Blue Ridge Circuit,............. Hon. GEORGE D. RICE,.............Marietta. TABLE OF CASES REPORTED IN THIS VOLUME, ALPHABETICALLY ARRANGED. ... .................................... 257 Bailey vs. New, adm'r,.......... 546 | ............................. F C Calahan, Wooten & Goolsby vs 382 ..... 448 Cleland, Waters vs................. 633 443 ****** .................... 515 ********* D 28 *****.......... Dallas vs. Heard et. al., ......................... 39 307 251 Doe & Mongin vs. Stanford,..... 625 22 192 G 477 ... ..... 696 688 K ..................... *** ***** Hackett vs. Green,....... Harrison, Wilcoxon et al., vs... 480 Hartell, trustee, vs. Searcy,... 190 Hartell, Durham vs....................................... 22 Harrell, Burns vs................. 602 Harney & Scott, Ross vs........ 388 Hays, adm'r, vs. McFarlan,..... 699 Head, Kennedy & Cooksey vs. 629 Heard et al., Dallas vs........... 604 Hickey, Patterson et al., vs...... 156 Hicks et al., vs. Foster and Holden, Allen vs............................ 418 Horne vs. Planters Bank........ Horton, Duke, ex'r, vs........ .. 637 Horton, Janes vs.................. 245 Huff et al., vs. McRary & Huff, Hudgins, Crow et al., vs........ Hugly et al., Sullivan vs......... Jackson & Moye vs. Jackson,... 325 Jackson, Buttram vs.............. 409 Janes vs. Horton et al.,......... 245 Johnson vs. Black & Cobb,..... 396 Joiner et al., vs. Borders,.. 239 445 .... 685 Kellogg, Hendrix vs.......... 435 Kelly & Sallee, McLendon vs. 464 Kennedy & Cooksey vs. Head, 629 Kennelly, Sheehan vs......................... 145 Mayo, Durham vs.................. 192 Mayor of Cuthbert vs. Conly... 211 McAfee, Lewis, sup't, vs....... 465 McClung & Co, Wilkes vs....... 496 McFarlan, Hays et al., vs................. McLendon vs. Kelly & Sallee, 464 McLendon vs. Shackelford...... 474 McRarey & Huff vs. Huff et al. 681 McRorey, Sykes vs............................. 348 Mitchell, ex'r, Word vs.......... 623 Moncas, Stocks and another vs. 380 Monday (a slave) vs. The State, 672 Montgomery and another vs. 493 Mullins, Harris vs............................. 704 ........................................ ******....... |