The Southeastern Reporter, Τόμος 54West Publishing Company, 1906 |
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Σελίδα iii
JUDGES OF THE COURTS REPORTED DURING THE PERIOD COVERED BY THIS VOLUME GEORGIA - Supreme Court . WILLIAM H. FISH , CHIEF JUSTICE . ANDREW J. COBB , PRESIDING JUSTICE . ASSOCIATE JUSTICES . J. H. LUMPKIN . JOHN S. CANDLER.1 BEVERLY D ...
JUDGES OF THE COURTS REPORTED DURING THE PERIOD COVERED BY THIS VOLUME GEORGIA - Supreme Court . WILLIAM H. FISH , CHIEF JUSTICE . ANDREW J. COBB , PRESIDING JUSTICE . ASSOCIATE JUSTICES . J. H. LUMPKIN . JOHN S. CANDLER.1 BEVERLY D ...
Σελίδα 42
firmed by the Supreme Court ; but on appeal | trator , or other lawful representative . " to the court of Appeals of New York it was reversed and annulled , the court holding " that the bequest was of the income of the sum specified ...
firmed by the Supreme Court ; but on appeal | trator , or other lawful representative . " to the court of Appeals of New York it was reversed and annulled , the court holding " that the bequest was of the income of the sum specified ...
Σελίδα 47
... ( Supreme Court of Appeals of West Virginia . March 6 , 1906. Rehearing Denied June 2 , 1906. ) 1. APPEAL - PROCEDURE - TRIAL DE Novo . An appeal was unknown to the common law . In the civil law and equity jurisprudence its object was to ...
... ( Supreme Court of Appeals of West Virginia . March 6 , 1906. Rehearing Denied June 2 , 1906. ) 1. APPEAL - PROCEDURE - TRIAL DE Novo . An appeal was unknown to the common law . In the civil law and equity jurisprudence its object was to ...
Σελίδα 50
... court for trial de novo , neither is it required to be taken at the same term at which the decree complained of is ... Supreme Court of Alabama holds that a writ of error is a new suit . Gregg v . Bethea , 6 Port . ( Ala . ) 9. And in ...
... court for trial de novo , neither is it required to be taken at the same term at which the decree complained of is ... Supreme Court of Alabama holds that a writ of error is a new suit . Gregg v . Bethea , 6 Port . ( Ala . ) 9. And in ...
Σελίδα 74
... ( Supreme Court of Georgia . March 23 , 1906. ) INJUNCTION - CRIMINAL PROSECUTIONS . Courts of equity will not enjoin ... Court . ) Error from Superior Court , Muscogee Coun- ty ; Wm . A. Little , Judge . Bill by R. L. Salter and others ...
... ( Supreme Court of Georgia . March 23 , 1906. ) INJUNCTION - CRIMINAL PROSECUTIONS . Courts of equity will not enjoin ... Court . ) Error from Superior Court , Muscogee Coun- ty ; Wm . A. Little , Judge . Bill by R. L. Salter and others ...
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adverse possession agent alleged amended amount appeal apply authority Bank bill brings error cause of action Cent certiorari circuit court claim Code complaint contract corporation court of equity Court of Georgia damages deceased declaration decree deed defendant in error defendant's demurrer dence duty Elizabeth City county employés entitled Error from Superior evidence facts fendant filed fraud grant ground held honor erred injury instruction intestate issue James river judge jury Justices land liable lien lumber ment motion negligence nonsuit North Carolina Note.-For opinion overruled owner paid parties payment person petition petitioner plaintiff in error possession purchase question railroad company Railway reason recover refused rule statute suit Superior Court Supreme Court Syllabus testator testified testimony thereof tiff tion tract train trial verdict voluntary manslaughter witness writ writ of error
Δημοφιλή αποσπάσματα
Σελίδα 370 - The court may, before or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process or proceeding, by adding or striking out the name of any party ; or by correcting a mistake in the name of a party, or a mistake in any other respect...
Σελίδα 388 - There must be reasonable evidence of negligence; but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Σελίδα 221 - ... have not been duly scheduled in time for proof and allowance, with the name of the creditor if known to the bankrupt, unless such creditor had notice or actual knowledge of the proceedings in bankruptcy; or (4) were created by his fraud, embezzlement, misappropriation, or defalcation while acting as an officer or in any fiduciary capacity.
Σελίδα 367 - This entire policy, unless otherwise provided by agreement indorsed hereon or added hereto, shall be void if the Insured now has or shall hereafter make or procure any other contract of insurance, whether valid or not, on property covered In whole or in part by this policy...
Σελίδα 407 - The court may determine any controversy between the parties before it, when it can be done without prejudice to the rights of others, or by saving their rights, but when a complete determination of the controversy cannot be had without the presence of other parties, the court must cause them to be brought in.
Σελίδα 300 - The question always is, was there an unbroken connection between the wrongful act and the injury, — a continuous operation? Did the facts constitute a continuous succession of events, so linked together as to make a natural whole, or was there some new and independent cause intervening between the wrong and the injury?
Σελίδα 367 - This policy is made and accepted subject to the foregoing stipulations and conditions, together with such other provisions, agreements, or conditions as may be indorsed hereon or added hereto^ and no officer, agent, or other representative of this company shall have power to waive any provision or condition of this policy except such as by the terms of this policy may be the subject of agreement indorsed hereon or added hereto...
Σελίδα 347 - A valuable consideration in the sense of the law may consist either in some right, interest, profit, or benefit accruing to the one party, or some forbearance, detriment, loss, or responsibility given, suffered, or undertaken by the other.
Σελίδα 58 - A state acts by its legislative, its executive, or its judicial authorities. It can act in no other way. The constitutional provision, therefore, must mean that no agency of the state, or of the officers or agents by whom its powers are exerted, shall deny to any person within its jurisdiction the equal protection of the laws.
Σελίδα 389 - When a thing which causes injury is shown to be under the management of the defendant, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from a want of care.