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ever, except only the act of God and the King's enemies.
Ib.

5. Nor can he vary his responsibility by notice or special
acceptance, such being void as contravening the policy
of the law; but he may require the nature and value of
the goods to be made known to him, and may avail him-
self of any fraudulent acts or sayings of his employers.
Ib.

357

358

CASE FOR DECEIT.

1. When this action will lie. See title "Deceit." Adminis-
trator of Green vs. Bryant

CESTUI QUE TRUST.

1. William Pelot conveyed by deed certain slaves to Levi
S. D'Lyon, in trust for the sole and separate use of his
wife, Elvina R. Pelot, during her life, and after her death
to her children. The deed authorized the cestui que trust,
Mrs. Pelot, by and with the advice and consent of her
trustee, to sell and dispose of the estate whenever she
shall deem it proper to do so, and to re-invest the pro-
ceeds, &c. Mrs. Pelot purchased from Augustus Myd-
dleton a tract of land, the growing crop thereon, and also
the stock of cattle, and hired the services of three ne-
groes belonging to Myddleton, till the close of the year,
to assist in the crop, for the sum of $1,476. Two notes
were given by her for the amount, to be secured by a
mortgage on the four slaves embraced in the trust deed,
and by a mortgage on the land. Held, that it was com-
petent for Mrs. Pelot to make this contract. Wayne,
trustee and others vs. Myddleton and others

CERTIORARI.

1. The Inferior Court may review and annul an order ab-
solute against the sheriff, at a subsequent term upon mo-
tion, when it is made to appear that he was not in con-
tempt; and its action is subject to revision by the Su-
perior Court by writ of certiorari. Chipman vs. Barron

66

402

225

COMMISSIONS.

1. Sheriff's commissions on sales under execution. See title
"Fees of Sheriff" Aycock vs. Buffington, Guardian

COMMON CARRIERS.

1. For the obligations, liabilities, and rights of common car-
riers, see title "Carriers." Fish vs. Chapman & Ross

CONTINUANCE.

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268

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349

1. The rejection of the admissions of one member of a firm
going to charge the others, on the ground that the part-
nership was not established, is not such a surprise as will
entitle a party to a continuance after the cause has been
submitted to the jury on the appeal. McCutchin vs.

Bankston

2. The court will not continue a case until the next term
for the purpose of permitting a party to amend his writ
of error. The constitution, and the act organizing this
Court, requires all cases to be disposed of at the first
term, except for Providential cause. Cary, assignee, &c.
ads. Rice, Receiver, &c. -

CONTRACTS.

1. What contract a Cestui que trust may make. See title
"Cestui que trust." Wayne, trustee and others vs. Myd-
dleton

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2. It is a general rule that fraud vitiates all contracts.
fee and others vs. Newsom, Executor.

COSTS.

245

411

383

Cof-

459

1. Orders for the payment of costs under the 4th section of
the 14th division of the Penal Code, are entitled to be
paid according to their priority of dates.
Jones

Hackett vs.

283

DECEIT.

1. If A agrees to buy a plantation for B, and B agrees to
pay A what he gives for it, and A represents to B, that
he gave three thousand dollars for it, when in fact he
paid a less sum, and B pays him three thousand dollars;
an action on the case will lie in favour of B against A,
for the deceitful and false representation. Admr. of
Green vs. Bryant

DEEDS, &c.

67

1. When equity has jurisdiction to direct the cancellation of
deeds and other instruments which have become functus
officio. See title" Equity." Butler and others vs. Durham

DEFENCE.

1. Whenever suit is instituted against a party, it is his duty
promptly to make his defence, if he has any, at the proper
time and in the proper manner; the laws do not favour
the negligent and sleepy. Stroup vs. Sullivan and

another -

420

281

DEMURRER AT LAW.

1. When declaration is bad upon special demurrer, but
amendable. See title "Amendment." Murphy vs. Law-

rence

DILIGENCE.

261

1. See title "Defence." Stroup vs. Sullivan and another

DIMINUTION OF THE RECORD.

1. The omission to embody in the record sent up, the for-
mal order of the Court below overruling the demurrer,
and the special reasons for its judgment, will not support
a suggestion of a diminution of the record under the
18th rule of the Supreme Court. See Carey, Assignee
&c. ads. Rice, Receiver, &c.

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406

DIVORCE.

1. The only causes for total divorce in Georgia are those
recognised by the common law, to wit, pre-contract,
consanguinity, affinity and corporeal infirmity. Head
vs. Head

2. And the only causes recognised in Georgia, for a partial
divorce, are those of the common law, to wit, adultery
and cruel treatment.

Ib.

DORMANT JUDGMENTS AND EXECUTIONS.

1. Under the Acts of 1822 and 1823, to prevent the fraudu-
lent enforcement of dormant judgments and executions,
a return must be made by the proper officer on such
execution every seven years, or it will be presumed to
have been satisfied and fraudulently kept open. Booth
vs. Williams

191

205

253

EQUITY.

1. When a court of chancery will appoint a guardian ad
litem to an infant plaintiff. See title "Guardian ad
litem." Leonard vs. Scarborough and wife and others

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2. A party having elected to proceed at law, equity will
not interpose until he has pushed his remedy to every
available extent: neither will a court of chancery antic-
ipate, that the legal redress may not prove effectual.
McGough & Crews vs. The Insurance Bank and Mc-
Dougald

3. The garnishment acts of this State, may not, either in
express terms or by fair implication, have ousted chan-
cery of its previous jurisdiction over the same subject
matter; still if a bill were filed, it would be demurrable
upon the ground that there was an ample remedy at
law, unless there was something peculiar in the circum-
stances of the case.

Ib.

4. A charge in a creditor's bill, that he fears, that his debtor

76

153

154

DECEIT.

1. If A agrees to buy a plantation for B, and B agrees to
pay A what he gives for it, and A represents to B, that
he gave three thousand dollars for it, when in fact he
paid a less sum, and B pays him three thousand dollars;
an action on the case will lie in favour of B against A,
for the deceitful and false representation. Admr. of
Green vs. Bryant

DEEDS, &c.

67

1. When equity has jurisdiction to direct the cancellation of
deeds and other instruments which have become functus
officio. See title " Equity." Butler and others vs. Durham

DEFENCE.

1. Whenever suit is instituted against a party, it is his duty
promptly to make his defence, if he has any, at the proper
time and in the proper manner; the laws do not favour
the negligent and sleepy. Stroup vs. Sullivan and

another -

420

281

DEMURRER AT LAW.

1. When declaration is bad upon special demurrer, but
amendable. See title "Amendment." Murphy vs. Law-

rence

DILIGENCE.

261

1. See title "Defence." Stroup vs. Sullivan and another

DIMINUTION OF THE RECORD.

1. The omission to embody in the record sent up, the for-
mal order of the Court below overruling the demurrer,
and the special reasons for its judgment, will not support
a suggestion of a diminution of the record under the
18th rule of the Supreme Court. See Carey, Assignee
&c. ads. Rice, Receiver, &c.

281

406

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