Reports of Cases in Law and Equity, Argued and Determined in the Supreme Court of the State of Georgia, in the Year ..., Τόμος 31Edward O. Jenkins, 1861 |
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Σελίδα 33
... question was to be cancelled on a future set- tlement of such previous indebtedness . Indeed , Equity may well regard those advances as partial payments on account of defendant's indebtedness . 3. The insolvency of the defendant , and ...
... question was to be cancelled on a future set- tlement of such previous indebtedness . Indeed , Equity may well regard those advances as partial payments on account of defendant's indebtedness . 3. The insolvency of the defendant , and ...
Σελίδα 53
... question recurs - was the Court right in dismissing the case ? It will be remembered that the plaintiff never has been serv- ed personally with these interrogatories . For .ought that appears , he has no notice of them . His counsel ...
... question recurs - was the Court right in dismissing the case ? It will be remembered that the plaintiff never has been serv- ed personally with these interrogatories . For .ought that appears , he has no notice of them . His counsel ...
Σελίδα 59
... question upon insuf- ficient knowledge of the facts involved , and , finding that the other question , raised by the defendants , in the Court below , as cause shown against the granting of the injunction prayed , must control our ...
... question upon insuf- ficient knowledge of the facts involved , and , finding that the other question , raised by the defendants , in the Court below , as cause shown against the granting of the injunction prayed , must control our ...
Σελίδα 65
... question of practice in England , and believing that the rule ought to be so modified to suit our own practice , as not to defeat the claims of the children , it is ordered that the demurrer be overruled . " To this order and judgment ...
... question of practice in England , and believing that the rule ought to be so modified to suit our own practice , as not to defeat the claims of the children , it is ordered that the demurrer be overruled . " To this order and judgment ...
Σελίδα 80
... question was that she wanted him to get through soon , as she wanted to deliver the negroes up to Harriet . To the fourth , he answers , that he has answered the first question in answer to third interrogatory . When witness got through ...
... question was that she wanted him to get through soon , as she wanted to deliver the negroes up to Harriet . To the fourth , he answers , that he has answered the first question in answer to third interrogatory . When witness got through ...
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action aforesaid alleged amount answer Assumpsit bill Buise charged the Jury Claiborn Vaughan claim complainant considered and adjudged contract Court erred Court of Equity death debts deceased decree deed of gift defendant in error delivering the opinion Denson Equity evidence execution executors facts favor fendant filed Georgia Georgia Military Institute granted ground Harriet Lipscomb heard heirs hundred dollars insanity interest interrogatory Isaac Freeland issue James John Aaron John Floyd judgment land Maddox Matthew Smith ment Mildred Bowling motion negroes objection overruled paid parties payment person pistol plaintiff in error possession Powell presiding Judge prison bounds prisoner prove purchase refused Reuben Thornton Richard Aaron Sarah settlement Sharman Sheriff Sheriff's sale slaves sold Statute Stewart Floyd suit Superior Court Term testator testified testimony tion to-wit trial Trover trust verdict Wade Westbrook Whereupon wife William William Maddox witness
Δημοφιλή αποσπάσματα
Σελίδα 600 - And the said records and judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the State from whence the said records are or shall be taken.
Σελίδα 248 - Express malice is that deliberate intention unlawfully to take away the life of a fellow creature, which is manifested by external circumstances capable of proof. Malice shall be implied when no considerable provocation appears, or when all the circumstances of the killing show an abandoned and malignant heart.
Σελίδα 478 - ... in respect of one or more particular subjects or persons ; as, for instance, where at the time of the commission of the alleged crime the accused knew he was acting contrary to law, but did the act complained of with a view, under the influence of insane delusion, of redressing or revenging some supposed grievance or injury, or of producing some supposed public benefit?' In answer to which question, assuming that your lordships...
Σελίδα 251 - It is not a mere possible doubt; because everything relating to human affairs, and depending on moral evidence, is open to some possible or imaginary doubt. It is that state of the case which, after the entire comparison and consideration of all the evidence, leaves the minds of the jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge.
Σελίδα 478 - That before a plea of insanity should be allowed, undoubted evidence ought to be adduced that the accused was of diseased mind, and that at the time he committed the act he was not conscious of right or wrong.
Σελίδα 472 - A person shall be considered of sound mind who is neither an idiot nor lunatic, nor affected with insanity ; and who hath arrived at the age of fourteen years, or before that age, if such person know the distinction between good and evil.
Σελίδα 453 - 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.
Σελίδα 489 - A presumption arises for the residuary legatee against every one except the particular legatee. The testator is supposed to give it away from the residuary legatee only for the sake of the particular legatee.
Σελίδα 476 - ... it is not every kind of frantic humor or something unaccountable in a man's actions that points him out to be such a madman as is to be exempted from punishment; it must be a man that is totally deprived of his understanding and memory, and doth not know what he is doing, no more than an infant, than a brute, or a wild beast...
Σελίδα 247 - All the presumptions of law independent of evidence are in favor of innocence ; and every person is presumed to be innocent until he is proved guilty. If upon such proof there is reasonable doubt remaining, the accused Is entitled to the benefit of it by an acquittal.