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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Page 34
... is stated as the consideration of the legal assumpsit laid . In it , the true time is wholly immaterial , and of course , every promise between the Martin vs. Broach and others . suing out of the. SUPREME COURT OF GEORGIA .
... is stated as the consideration of the legal assumpsit laid . In it , the true time is wholly immaterial , and of course , every promise between the Martin vs. Broach and others . suing out of the. SUPREME COURT OF GEORGIA .
Page 44
... true date , the defect would seem to be incurable . [ 2. ] The other objection is equally fatal , viz : That , according to the record , thirty - five days elapsed between the signing and cer- tifying of the bill of exceptions , and the ...
... true date , the defect would seem to be incurable . [ 2. ] The other objection is equally fatal , viz : That , according to the record , thirty - five days elapsed between the signing and cer- tifying of the bill of exceptions , and the ...
Page 55
... true , the evidence that the de- fendants were securities to the note , in connection with other facts proved at the trial , does destroy the plaintiff's remedy to re- cover on it , as against them . The plaintiff who contracted with ...
... true , the evidence that the de- fendants were securities to the note , in connection with other facts proved at the trial , does destroy the plaintiff's remedy to re- cover on it , as against them . The plaintiff who contracted with ...
Page 59
... true relation they sustain to the con- tract , with a view to indemnify themselves against the principal ; and that parol proof is competent in a proceeding at Law , for this purpose ; but as between the security and creditor , or ...
... true relation they sustain to the con- tract , with a view to indemnify themselves against the principal ; and that parol proof is competent in a proceeding at Law , for this purpose ; but as between the security and creditor , or ...
Page 60
... true relation of the parties to the paper , where the obligation itself im- ports a joint debt , is universally recognized by Courts of Justice , and parol proof admitted to establish its existence . " Indeed , in this case , the ...
... true relation of the parties to the paper , where the obligation itself im- ports a joint debt , is universally recognized by Courts of Justice , and parol proof admitted to establish its existence . " Indeed , in this case , the ...
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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.