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connected with the doct crime, will find that he marked by obscure, Ai lights, and he cannot f course he has not missed 1 principle which, in the the question presented, a to be devested of his prop warrant of law, and this. relating to civil death."

The law-writers usually common law the convict of his civil rights, could no 2d ed., p. 65; 9 Cyc. 871.

In the latter authority, great weight of authority state prison for life or fo their civil rights are suspe and this liability necessaril fend, although there are ca is abated by the conviction imprisonment in the state pi that a plea or answer in aba of the defendant is inconsist the fact that he is able to alive. Where the statute a trustee of the estate of one that such trustee should defe 646 that may be pending at sentence, and proceedings ou appointment and qualificatio

In some cases it has been the civil death of convicted common law. In a way this not be overlooked that often declaratory of the common la purpose to thwart the rigors mind the solution of the poir statutes. The first section and changes the common lav for a felony for a term less t suspended during the term of rule went much further. I no statute could fully declare victed felon. Not only is thi 141, supra, full provision is estate of the convict. At co protect his estate, but under trustee to sue for him. Here

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ected with the doctrine of civil death in ce
e, will find that he has to grope his way the
ked by obscure, flickering and sometimes

s, and he cannot feel sure that at some piti
se he has not missed the true road. But there is
ciple which, in the present case, greatly aid it
question presented, and that is, that no one can e

devested of his property, in invitum, except by :
ant of law, and this, we think, is not found in the sea
ing to civil death."
Le law-writers usually announce the broad rule fit
non law the convict could be sued, but being dan
s civil rights, could not sue: 6 Am. & Eng. Eor, dll
1., p. 65; 9 Cyc. 871.
the latter authority, at page 874, it is said: "B:
weight of authority, offenders, whether gentage
prison for life or for a term of years during
civil rights are suspended, are still liable to bem
his liability necessarily carries with it the right
although there are cases holding that a pendog sa
ted by the conviction and sentence of the defendat
sonment in the state prison. But again it has ben el

plea or answer in abatement setting up the civil la
defendant is inconsistent and bad on demurrer, ha
ct that he is able to plead or answer shows lim )

Where the statute provides for the appointment
Cee of the estate of one imprisoned for crime, it is
Ich trustee should defend any action against the tani
at may be pending at the time of his conviction
ce, and proceedings ought to be stayed until aftens

tnient and qualification."
ome cases it has been suggested that statutes deler
il death of convicted felons are but declaratory da

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permitted and indicated by the orde is honor should have so held nor, Judge Hydrick, erred in summ.

and should have held that the comp es on its face a good and suficient ys on its face that the plaintiff is en ving to the defendant suitable inda st the possibility of the check being : sented for payment." xceptions relate to the order made

The point is made by the respo is cannot be considered by the court ff having made no objection to the in ten days after it was filed, and y therewith and accepted the bene red the right of appeal. on, however, comes up upon the s honor, Judge Hydriek, for if bis d in striking out the amended con nit, and the amended complaint doa action, then it will be unnecessary to the prior order of Judge Gage. , for decision is, Does the compla d cause of action, entitling the

The complaint alleges that the pl dant a number of cattle for two be

and thirty-two cents. That the d I in conditional payment of the nbian Banking and Trust Company

plaintiff, which eheek the plain specially to the order of a 3 tiff owed on his part for the same ited the check in the postoffice p

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n law. In a way this is no doubt true, but it ser overlooked that often statutes, whilst being in da tory of the common law, give indication of a legisita e to thwart the rigors of the common law. So te or he solution of the point in issue must be found in me 5. The first section quoted (section 2382) maats anges the common law. Under it a person senteze elony for a term less than life only has his civil neli Led during the term of the sentence. The commeent much further. In fact, under our constituie te could fully declare the common-law status of 10 elon. Not only is this true, but by article 2, ebja pra, full provision is made for the protection du f the convict. At common law he could not sett his estate, but under article 2 the law provides for i o sue for him. Here we have an evidence of a life

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ty in Georgia, but the said ebeck, a

believes, was lost in the mails a he said party in Georgia, and has ceived by him. the complaint, therefore, is, that th payment for the cattle had been

complaint upon the whole must upon a lost check. this state are conelusive to the eff a lost note, and that in sucheza yst note, the proper course is for ti hen by a decree of the court suffie uired to relieve the defendant 6 ade liable a second time: Whita 93; Davis v. Benbow, 2 Bail. 427

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