Reports of Cases in Law and Equity, Argued and Determined in the Supreme Court of the State of Georgia, in the Year ..., Volume 37Edward O. Jenkins, 1869 - Equity |
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Results 1-5 of 83
Page 8
... record . The evidence here closed . The verdict was for the defendant . Afterwards , the plaintiff in error moved for a new trial on the following grounds : Because the verdict was contrary to law and contrary to evidence . 1st ...
... record . The evidence here closed . The verdict was for the defendant . Afterwards , the plaintiff in error moved for a new trial on the following grounds : Because the verdict was contrary to law and contrary to evidence . 1st ...
Page 9
... record . There are three demises in the plaintiff's declaration - one from Boswell Cook , one from William P. Dearmond , and one from William P. Dearmond for the use of Neal . The plaintiff read in evidence a grant from the State to ...
... record . There are three demises in the plaintiff's declaration - one from Boswell Cook , one from William P. Dearmond , and one from William P. Dearmond for the use of Neal . The plaintiff read in evidence a grant from the State to ...
Page 14
... record , that John Warren , before his death , and Charles H. Warren , as tenants in common , mortgaged the premises described in the mort- gage deed to Baker , the plaintiff , to secure the payment of two promissory notes . The ...
... record , that John Warren , before his death , and Charles H. Warren , as tenants in common , mortgaged the premises described in the mort- gage deed to Baker , the plaintiff , to secure the payment of two promissory notes . The ...
Page 15
... record discloses the facts . The fi . fa . commanded the sheriff to levy upon the interest of John T. Warren in the mortgaged premises , and he levied upon the undivided one - half interest therein as his property in the same . The law ...
... record discloses the facts . The fi . fa . commanded the sheriff to levy upon the interest of John T. Warren in the mortgaged premises , and he levied upon the undivided one - half interest therein as his property in the same . The law ...
Page 17
... record shows that the defendant tendered the plaintiff the amount due upon the note in Confederate money in 1863. The plaintiff refused to take it , saying , “ that he could not use the Confederate money , and that he had become ...
... record shows that the defendant tendered the plaintiff the amount due upon the note in Confederate money in 1863. The plaintiff refused to take it , saying , “ that he could not use the Confederate money , and that he had become ...
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Common terms and phrases
adm'r administrator affidavit aforesaid appointed assets attachment attorney attorney at law Augusta Aycock Beall bill bond charged the jury claim Cleckley common law Company complainant Confederate constitution contract corporation cotton Court of Equity creditor currency debts deceased Decided by Judge declared deed defendant in error defendant's demurrer Dickerson discharge dollars dower equity evidence ex'r execution executor facts filed Fulton county Georgia Georgia Railroad granted ground held injunction interest John Jones judgment Justice land legal obligation legislature levied liability lien ment Mordecai mortgage motion negroes paid parties payment plaintiff in error possession principles promissory note Railroad and Banking received refused remedy rent Revised Code Robenson rule sheriff sold Southern Express Company statute sued suit Superior Court surety surrender term testator testified thereof Thrasher tion Toomer trial Upson County usurious Vason verdict Walker William witness
Popular passages
Page 530 - Philadelphia, for the sole and express purpose of revising the Articles of Confederation, and reporting to Congress and the several Legislatures such alterations and provisions therein as shall, when agreed to in Congress and confirmed by the States, render the Federal Constitution adequate to the exigencies of Government and the preservation of the Union.
Page 535 - We choose rather to plant ourselves on what we consider impregnable positions. They are these : That a State has the same undeniable and unlimited jurisdiction over all persons and things, within its territorial limits, as any foreign nation; where that jurisdiction is not surrendered or restrained by the Constitution of the united States.
Page 532 - The instrument was not intended to provide merely for the exigencies of a few years, but was to endure through a long lapse of ages, the events of which were locked up in the inscrutable purposes of Providence.
Page 546 - Having no common superior to judge between them, they stand in precisely the same predicament as two nations who engage in a contest and have recourse to arms.
Page 182 - It may, if it thinks proper, direct that the necessary implements of agriculture, or the tools of the mechanic, or articles of necessity in household furniture, shall, like wearing apparel, not be liable to execution on judgments.
Page 136 - I take it to be a clear position that if a legislative act oppugns a constitutional principle the former must give way, and be rejected on the score of repugnance. I hold it to be a position equally clear and sound that in such case, it will be the duty of the court to adhere to the Constitution and to declare the act null and void.
Page 129 - The objection to a law, on the ground of its impairing the obligation of a contract, can never depend upon the extent of the change which the law effects in it. 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 136 - Whatever may be the case in other countries, yet in this, there can be no doubt, that every act of the Legislature, repugnant to the Constitution, is absolutely void.
Page 538 - Constitution, and the laws of the United States made in pursuance thereof, shall be the supreme law of the land, any thing in the constitution or laws of any State to the contrary notwithstanding.
Page 532 - The contract between Georgia and the purchasers was executed by the grant. A contract executed, as well as one which is executory, contains obligations binding on the parties. A grant, in its own nature, amounts to an extinguishment of the right of the grantor, and implies a contract not to reassert that right. A party is, therefore, always estopped by his own grant.