Reports of Cases in Law and Equity, Argued and Determined in the Supreme Court of the State of Georgia, in the Year ..., Volume 1Edward O. Jenkins, 1847 - Equity |
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Page 79
... scire facias may issue to make the successor a party to the suit , at any time after the appointment of the successor , and that the plaintiff was shut in to this course . He further held , that the administrator de bonis non had a ...
... scire facias may issue to make the successor a party to the suit , at any time after the appointment of the successor , and that the plaintiff was shut in to this course . He further held , that the administrator de bonis non had a ...
Page 82
... scire facias may issue to make the successor of such re- moved person a party , at any time after the appointment and qualification . In scanning the whole of this Act , would the thought ever occur that it was designed to confer any ...
... scire facias may issue to make the successor of such re- moved person a party , at any time after the appointment and qualification . In scanning the whole of this Act , would the thought ever occur that it was designed to confer any ...
Page 292
... scire facias against bail , where no plea has been filed , judgment may be render- ed upon motion , without the intervention of a jury ; aliter , where a plea has been filed . This was a motion to quash ca. sa . , issued from a judgment ...
... scire facias against bail , where no plea has been filed , judgment may be render- ed upon motion , without the intervention of a jury ; aliter , where a plea has been filed . This was a motion to quash ca. sa . , issued from a judgment ...
Page 293
... scire facias be a judicial writ , yet , because the defendant may thereupon plead , this scire facias is accounted in law to be in nature of an action , and , there- fore , a release of all actions is a good bar of the same . " - Tidd's ...
... scire facias be a judicial writ , yet , because the defendant may thereupon plead , this scire facias is accounted in law to be in nature of an action , and , there- fore , a release of all actions is a good bar of the same . " - Tidd's ...
Page 294
... scire facias at common law , because , in many partic- ulars , that practice is the law of our own courts ; and , farther , because these rules of practice are not without their bearing upon the question we are now considering . The ...
... scire facias at common law , because , in many partic- ulars , that practice is the law of our own courts ; and , farther , because these rules of practice are not without their bearing upon the question we are now considering . The ...
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Common terms and phrases
action administrator admitted aforesaid alleged amount appear apply assigned assumpsit authority Bank of Macon bill bona fide bond Bunn By-law cause Central Bank charter claim common law complainants contract counsel court erred court of equity Court of Ordinary creditors debt decision declared decree deed defendant in error discharge endorser entitled evidence execution executor fact fraud Georgia ground guardian Hawkinsville HINES HOLT holder Inferior Court insolvent intended interest issue John Judge judgment juror justice Legislature liable lien Lord Mansfield mortgage negroes notice nulla bona opinion paid party payment person plaintiff in error plea plead possession principal prisoner promissory notes prove purchaser question record recover rule scire facias sheriff slaves statute sued suit Superior Court Supreme Court surety term testator testimony thereof tion trial trust usury verdict void voire dire Whitehead witness writ
Popular passages
Page v - One shall be appointed for the term of six years, one for the term of four years, and one for the term of two years...
Page 97 - Mind the Mortality of My body and knowing that it is appointed for all men once to die do make and ordain this my Last Will and Testament...
Page 408 - the rule of law is clear, that, where one, by his words or conduct, wilfully causes another to believe in the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter, a different state of things, as existing at the same time.
Page 153 - In one word, the gist of .this kind of action is, that the defendant, upon the circumstances of the case, is obliged by the ties of natural justice and equity to refund the money.
Page 608 - That government can scarcely be deemed to be free, where the rights of property are left solely dependent upon the will of a legislative body, without any restraint. The fundamental maxims of a free government seem to require, that the rights of personal liberty and private property should be held sacred.
Page 4 - Haisten for and in consideration of the sum of one hundred and fifty dollars to him in hand paid, at and before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged hath granted bargained sold and conveyed...
Page 546 - That in controversies respecting property, and in suits between man and man, the ancient trial by jury is preferable to any other, and ought to be held sacred.
Page 353 - A rule was obtained, calling on the plaintiff to show cause why the verdict should not be set aside...
Page 353 - ... sold, and actually receive the same, or give something in earnest to bind the contract, or in part payment, or unless some note or memorandum in writing of the contract or sale be signed by the party to be charged or his agent in that behalf.
Page xiii - Court either party shall die, the proper representatives in the personalty or realty of the deceased party, according to the nature of the case, may voluntarily come in and be admitted parties to the suit, and thereupon the cause shall be heard and determined as in other cases...