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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... Witness . Claims . Fran 48. Thomas Arnold , Ad'mr , vs. E. Wells an 49. H. Harris vs. L. S. Camron and another . How and by whom avoided ...... 50. Richard Henderson vs. N. B. Johnson . Statute 51. Newson et al . vs. McLendon , et al ...
... Witness . Claims . Fran 48. Thomas Arnold , Ad'mr , vs. E. Wells an 49. H. Harris vs. L. S. Camron and another . How and by whom avoided ...... 50. Richard Henderson vs. N. B. Johnson . Statute 51. Newson et al . vs. McLendon , et al ...
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... time to time . In witness whereof , the said Thomas U. P. Charlton , Mayor of the said City , hath hereunto set his hand and the seal of the said Mayor and Aldermen of Savannah . Wins , and the. SAVANNAH , JANUARY TEAC NEW.
... time to time . In witness whereof , the said Thomas U. P. Charlton , Mayor of the said City , hath hereunto set his hand and the seal of the said Mayor and Aldermen of Savannah . Wins , and the. SAVANNAH , JANUARY TEAC NEW.
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... witness what do the Court of Ordinary sat - said he wanted to go over to Jones , by tr March thereafter , and wanted to settle up the busined with George Broach ; witness remarked to Martin , he ought to do soy and pay him the money ...
... witness what do the Court of Ordinary sat - said he wanted to go over to Jones , by tr March thereafter , and wanted to settle up the busined with George Broach ; witness remarked to Martin , he ought to do soy and pay him the money ...
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... witness , sufficient to take the case out of the Statute ? What was that conversation , as testified to ? Martin ... witnesses pretend that the note in question , or any note , was mentioned by the defendant , or expressly alluded to ...
... witness , sufficient to take the case out of the Statute ? What was that conversation , as testified to ? Martin ... witnesses pretend that the note in question , or any note , was mentioned by the defendant , or expressly alluded to ...
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... witness . 5th . Because the Court erred in permitting testimony to be in- troduced by defendants , contradicting their own witness . 6th . That the defendants are not entitled to the benefit of the Acts of the Legislature , mentioned in ...
... witness . 5th . Because the Court erred in permitting testimony to be in- troduced by defendants , contradicting their own witness . 6th . That the defendants are not entitled to the benefit of the Acts of the Legislature , mentioned in ...
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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.