The Southeastern Reporter, Volume 43West Publishing Company, 1903 |
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Common terms and phrases
absent on account account of sickness accused affidavit alleged amount appears appellee assignment authority bank bond brings error cause of action charge circuit court claim Code complaint contract court of equity Court of Georgia creditors damages Dave Prater debt decree deed of trust defendant in error defendant's demurrer dence entitled equity Error from superior evidence execution fact fendant filed fraud grant ground held Hertford county indictment injury instruction judge jurisdiction jury justices land lease liable lien loan company LUMPKIN ment mortgage motion Murfreesboro negligence nonsuit overruled paid party payment person petition petitioner plaintiff in error purchase question Railroad Co railroad company real estate reason refused reversed rule statute suit superior court Supreme Court Syllabus term testimony thereof tiff tion tract train trial verdict Wirt County witness writ of error
Popular passages
Page 445 - The court said 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.
Page 9 - An unconstitutional act is not a law; it confers no rights ; it imposes no duties ; it affords no protection ; it creates no office ; it is, in legal contemplation, as inoperative as though it had never been passed.
Page 339 - Any agreement, declaration, or course of action on the part of an insurance company, which leads a party insured honestly to believe that by conforming thereto, a forfeiture of his policy will not be incurred, followed by due conformity on his part, will and ought to estop the company from insisting upon the forfeiture, though it might be claimed under the express letter of the contract.
Page 362 - All property shall be taxed according to its value, that value to be ascertained in such manner as the Legislature shall direct, so that taxes shall be equal and uniform throughout the State. No one species of property from which a tax may be collected, shall be taxed higher than any other species of property of the same value...
Page 335 - as a matter of law" there was no entrapment. Verdict of guilty followed, motions in arrest, and to set aside the verdict as contrary to the law and the evidence, were denied, and defendant was sentenced to imprisonment for eighteen months.
Page 306 - ... for the frauds, deceits, concealments, misrepresentations, torts, negligences, and other malfeasances or misfeasances, and omissions of duty of his agent in the course of his employment, although the principal did not authorize or justify or participate in, or indeed know of, such misconduct, or even if he forbade the acts or disapproved of them.
Page 266 - When the owner of property devotes it to a use in which the public has an interest, he in effect grants to the public an interest in such use, and must to the extent of that interest, submit to be controlled by the public, for the common good, as long as he maintains the use.
Page 169 - On every writ of error or appeal, the first and fundamental question is that of jurisdiction, first, of this court, and then of the court from which the record comes. This question the court is bound to ask and answer for itself, even when not otherwise suggested, and without respect to the relation of the parties to it.
Page 40 - I believe quite correctly, that "the rule of law is laid down with perfect correctness in the case of Butterfield v. Forrester, that, although there may have been negligence on the part of the plaintiff, yet unless he might, by the exercise of ordinary care, have avoided the consequences of the defendant's negligence, he is entitled to recover; if by ordinary care he might have avoided them, he is the author of his own wrong.
Page 148 - Grimes, of the county and state aforesaid, of the second part, witnesseth: That the said parties of the first part for and in consideration of the sum of fifty dollars to them in hand paid by the said party of the second part...