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Reports of Cases in Law and Equity, Argued and Determined in the ..., Volumen 55
Vista completa - 1876
action administrator adverse possession affidavit alleged amendment answer appear apply assignment Assumpsit Augusta authority Bank of Charleston Beal bill Bomer bond cause claim Common Law complainant Constitution contract corporation counsel Court erred Court of Equity covenant creditors debt debtor deceased declared decree deed defendant in error defendant's delivering the opinion Duffey entitled Equity evidence excepted execution executor fact favor fendant filed Flint River fraud Georgia give granted ground Inferior Court injunction intention intestate issue James Beal John Judge jurisdiction juror Justice Kelly land Legislature Let the judgment liable lien ment Monroe negroes notice paid pari delicto parol party payment person plaintiff in error plea pleadings possession principle prisoner promissory notes prove purchase money question refused remedy rule sheriff Smith Statute of Limitations subpoena suit Superior Court term testator testimony tion trial by jury trust verdict warranty witness
Página 561 - a corporation is an artificial being, invisible, intangible, and existing only in contemplation of law. Being the mere creature of law, it possesses only those properties which the charter of its creation confers upon it, either expressly or as incidental to its very existence.
Página 215 - That no man shall be taken or imprisoned, or disseized of his freehold, liberties or privileges, or outlawed or exiled, or in any manner destroyed, or deprived of his life, liberty, or property, but by the judgment of his peers, or the law of the land.
Página 417 - the objection that a contract is immoral or illegal as between plaintiff and defendant sounds at all times very ill in the mouth of the defendant.
Página 88 - ... it must appear that the danger was so urgent and pressing that in order to save his own life, or to prevent his receiving great bodily harm, the killing of the other was absolutely necessary ; and it must appear also that the person killed was the assailant, or that the slayer had really and in good faith endeavored to decline any further struggle before the mortal blow was given.
Página 349 - With respect to all verbal admissions, it may be observed that they ought to be received with great caution. The evidence, consisting as it does in the mere repetition of oral -statements, is subject to much imperfection and mistake ; the party himself either being misinformed or not having clearly expressed his own meaning, or the witness having misunderstood him. It frequently happens, also, that the witness, by unintentionally altering a few of the expressions really used, gives an effect to the...
Página 202 - And he said, Who told thee that thou wast naked? Hast thou eaten of the tree, whereof I commanded thee that thou shouldest not eat? And the man said, The woman whom thou gavest to be with me, she gave me of the tree, and I did eat.
Página 418 - If, from the plaintiff's own stating or otherwise, the cause of action appears to arise ex turpi causa or the transgression of a positive law of this country, there the Court says he has no right to be assisted. It is upon that ground the Court goes; not for the sake of the defendant, but because they will not lend their aid to such a plaintiff.
Página 98 - A bare fear of any of these offenses, to prevent which the homicide is alleged to have been committed, shall not be sufficient to justify the killing. It must appear that the circumstances were sufficient to excite the fears of a reasonable person, and that the party killing really acted under the influence of those fears, and not in a spirit of revenge.
Página 613 - ... were intended to secure the individual from the arbitrary exercise of the powers of government, unrestrained by the established principles of private rights and distributive justice.