Reports of Cases in Law and Equity, Argued and Determined in the Supreme Court of the State of Georgia, in the Year ..., Volume 6Edward O. Jenkins, 1849 - Equity |
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Results 1-5 of 29
Page 21
... Assumpsit , & c . in Pulaski Superior Court . Tried before Judge SCARBOROUGH , October Term , 1848 . John Martin died testate , and his will was duly proven , and George Walker qualified as executor under the same . Suit was brought ...
... Assumpsit , & c . in Pulaski Superior Court . Tried before Judge SCARBOROUGH , October Term , 1848 . John Martin died testate , and his will was duly proven , and George Walker qualified as executor under the same . Suit was brought ...
Page 22
... Assumpsit , Payment and the Statute of Limitations . The following is the account sued upon : Mr. John Martin , Dr. 1833. Nov. 1. To 1 two - horse wagon , 66 66 1835. May 10 . 1836. Feb. 9 . 66 To George Broach . To purchase price of ...
... Assumpsit , Payment and the Statute of Limitations . The following is the account sued upon : Mr. John Martin , Dr. 1833. Nov. 1. To 1 two - horse wagon , 66 66 1835. May 10 . 1836. Feb. 9 . 66 To George Broach . To purchase price of ...
Page 32
... assump- sit , since which , the Statute has not run , and that the whole cir- cumstances of the case may be gone into ... assumpsit , or on the case , founded on any contract or liability , express or implied , shall be commenced in two ...
... assump- sit , since which , the Statute has not run , and that the whole cir- cumstances of the case may be gone into ... assumpsit , or on the case , founded on any contract or liability , express or implied , shall be commenced in two ...
Page 33
... assumpsit , until very recently , how com- pletely its provisions have been overlooked . Any thing which admitted that a debt ever had an existence , was held to be enough to take a case out of the Statute of Limitations . This ...
... assumpsit , until very recently , how com- pletely its provisions have been overlooked . Any thing which admitted that a debt ever had an existence , was held to be enough to take a case out of the Statute of Limitations . This ...
Page 34
... assumpsit , shall be brought " within four years next after the cause of said action or suit , and not after . " The words of the Statute are of plain and obvious meaning , and to give it effect , only two questions need be asked . When ...
... assumpsit , shall be brought " within four years next after the cause of said action or suit , and not after . " The words of the Statute are of plain and obvious meaning , and to give it effect , only two questions need be asked . When ...
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Common terms and phrases
action administrator admissible admitted agreement alleged answer assumpsit bill of exceptions bond cause charged the Jury claim claimant Common Law complainants consideration contract convey conveyance counsel County Court erred Court of Equity Court of Ordinary Coweta County debt decision declared decree deed defendant in error delivering the opinion discharged entitled execution executor fact favor filed fraudulent Georgia granted ground guardian Harwell and Wife held indorser Inferior Court intestate issue Judge Justices Kelly land Legislature letters testamentary levy liable ment Mumford & Tyson negroes objection overruled parol evidence party payment person plaintiff in error plea pleadings possession principal promise prove purchaser question record Robinson rule Sheriff slave Smith Statute of Frauds Statute of Limitations Story's Eq suit Superior Court surety Term testator testimony thereof tion trial trover trust usury verdict void Walton William witness writ of error
Popular passages
Page 620 - ... or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith...
Page 557 - ... be actually made, procured, or provided, or fit or ready for delivery, or some act may be requisite for the making or completing thereof, or rendering the same fit for delivery...
Page 553 - That no contract for the sale of any goods, wares, and merchandise, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part payment...
Page 626 - 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...
Page 139 - a right of franchise or privilege, that no man may set up a common ferry for all passengers, without a prescription time out of mind, or a charter from the king. He may make a ferry for his own use or the use of his family, but not for the common use of all the king's subjects passing that way ; because it doth in consequence tend to a common charge, and is become a thing of public interest and use...
Page 9 - Whenever a statute gives a discretionary power to any person, to be exercised by him upon his own opinion of certain facts, it is a sound rule of construction, that the statute constitutes him the sole and exclusive judge of the existence of those facts.
Page 646 - Whether the party thus misrepresenting a fact knew it to be false, or made the assertion without knowing whether it were true or false, is wholly immaterial; for the affirmation of what one does not know, or believe to be true, is equally, in morals and law, as unjustifiable as the affirmation of what is known to be positively false.
Page 438 - Any deviation from its terms, by postponing or accelerating the period of performance which it prescribes, imposing conditions not expressed in the contract, or dispensing with the performance of those which are, however minute or apparently immaterial in their effect upon the contract of the parties, impairs [ * 85 ] its obligation.
Page 505 - Every indictment or accusation of the grand jury shall be deemed sufficiently technical and correct which states the offense in the terms and language of this code, or so plainly that the nature of the offense charged may be easily understood by the jury.
Page 390 - No action shall be brought whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person, unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.