Reports of Cases in Law and Equity, Argued and Determined in the Supreme Court of the State of Georgia, in the Year ..., Volume 5Edward O. Jenkins, 1849 - Equity |
From inside the book
Page 54
... alleged to have been committed , shall not be sufficient to justify the killing . It must appear that the circumstances were sufficient , to excite the fears of a reasonable man , and that the party killing , really acted under the ...
... alleged to have been committed , shall not be sufficient to justify the killing . It must appear that the circumstances were sufficient , to excite the fears of a reasonable man , and that the party killing , really acted under the ...
Page 62
... alleged that the defen- dant was indebted to the plaintiff as administrator , in the sum therein mentioned , which had been adjudged to him as adminis- trator , & c . The defendant pleaded specially ; and showed for cause , that there ...
... alleged that the defen- dant was indebted to the plaintiff as administrator , in the sum therein mentioned , which had been adjudged to him as adminis- trator , & c . The defendant pleaded specially ; and showed for cause , that there ...
Page 74
... alleged fraud of Ragan , in procuring the note from the complain- ant . [ 1 ] On the trial , the complainant proposed to examine Ragan as a witness , ( having first obtained an order for that purpose , ) against Key . The counsel for ...
... alleged fraud of Ragan , in procuring the note from the complain- ant . [ 1 ] On the trial , the complainant proposed to examine Ragan as a witness , ( having first obtained an order for that purpose , ) against Key . The counsel for ...
Page 77
... alleged rights of the plain- tiff to a new trial . Had he moved a continuation of his cause , when the nonsuit was awarded , with a view to procure the evi- dence of Barnard , most certainly he would have failed . Could he have obtained ...
... alleged rights of the plain- tiff to a new trial . Had he moved a continuation of his cause , when the nonsuit was awarded , with a view to procure the evi- dence of Barnard , most certainly he would have failed . Could he have obtained ...
Page 90
... alleged mo- tive of it . And when we have heard all , and gone through with the anatomy of the heart , we who feel the influence of all motives which prompt to action , and all passions that stir the breast , know how to judge our ...
... alleged mo- tive of it . And when we have heard all , and gone through with the anatomy of the heart , we who feel the influence of all motives which prompt to action , and all passions that stir the breast , know how to judge our ...
Contents
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| 406 | |
| 437 | |
| 66 | |
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| 153 | |
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| 270 | |
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| 301 | |
| 341 | |
| 357 | |
| 364 | |
| 438 | |
| 441 | |
| 456 | |
| 459 | |
| 472 | |
| 482 | |
| 486 | |
| 487 | |
| 491 | |
| 522 | |
| 555 | |
| 569 | |
| 571 | |
| 582 | |
Other editions - View all
Common terms and phrases
action administrator adverse possession alleged amendment answer appear apply assignment Assumpsit attachment Augusta authority Bank of Charleston Beal bill Bomer bond cause charge claim Common Law complainant Constitution contract corporation counsel Court erred Court of Equity covenant creditors debt debtor deceased declared decree deed defendant in error defendant's delivering the opinion Duffey entitled Equity evidence excepted execution executor fact favor fendant filed Flint River fraud Georgia give granted ground Inferior Court injunction intended intestate issue James Beal John Judge jurisdiction juror Justice Kelly land Legislature liability lien ment Monroe paid pari delicto party payment persons plaintiff in error plea pleadings possession principle prisoner promissory notes purchase money question refused remedy rule sheriff Smith Statute of Limitations Steamboat Story's Eq suit Superior Court term testator testimony tion trial by jury trust verdict warranty witness Woolfolk Wynn
Popular passages
Page 535 - a corporation is an artificial being, invisible, intangible, and existing only in contemplation of law. Being the mere creature of law, it possesses only those properties which the charter of its creation confers upon it, either expressly or as incidental to its very existence.
Page 207 - That no man shall be taken or imprisoned, or disseized of his freehold, liberties or privileges, or outlawed or exiled, or in any manner destroyed, or deprived of his life, liberty, or property, but by the judgment of his peers, or the law of the land.
Page 405 - the objection that a contract is immoral or illegal as between plaintiff and defendant sounds at all times very ill in the mouth of the defendant.
Page 84 - ... it must appear that the danger was so urgent and pressing that in order to save his own life, or to prevent his receiving great bodily harm, the killing of the other was absolutely necessary ; and it must appear also that the person killed was the assailant, or that the slayer had really and in good faith endeavored to decline any further struggle before the mortal blow was given.
Page 337 - With respect to all verbal admissions, it may be observed that they ought to be received with great caution. The evidence, consisting as it does in the mere repetition of oral -statements, is subject to much imperfection and mistake ; the party himself either being misinformed or not having clearly expressed his own meaning, or the witness having misunderstood him. It frequently happens, also, that the witness, by unintentionally altering a few of the expressions really used, gives an effect to the...
Page 194 - And he said, Who told thee that thou wast naked? Hast thou eaten of the tree, whereof I commanded thee that thou shouldest not eat? And the man said, The woman whom thou gavest to be with me, she gave me of the tree, and I did eat.
Page 406 - If, from the plaintiff's own stating or otherwise, the cause of action appears to arise ex turpi causa or the transgression of a positive law of this country, there the Court says he has no right to be assisted. It is upon that ground the Court goes; not for the sake of the defendant, but because they will not lend their aid to such a plaintiff.
Page 94 - A bare fear of any of these offenses, to prevent which the homicide is alleged to have been committed, shall not be sufficient to justify the killing. It must appear that the circumstances were sufficient to excite the fears of a reasonable person, and that the party killing really acted under the influence of those fears, and not in a spirit of revenge.
Page 577 - ... were intended to secure the individual from the arbitrary exercise of the powers of government, unrestrained by the established principles of private rights and distributive justice.
Page 94 - Murder is the unlawful killing of a human being in the peace of the State, by a person of sound memory and discretion, with malice aforethought, either express or implied.