Reports of Cases in Law and Equity, Argued and Determined in the Supreme Court of the State of Georgia, in the Year ..., Volum 11

Edward O. Jenkins, 1853

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Side 418 - Fraud, indeed, in the sense of a court of equity properly includes all acts, omissions and concealments which involve a breach of legal or equitable duty, trust, or confidence, justly reposed, and are injurious to another, or by which an undue and unconscientious advantage is taken of another.
Side 114 - It is properly applied to cases where two or more persons severally claim the same thing under different titles or in separate interests from another person, who, not claiming- any title or interest therein himself, and not knowing to which of the claimants he ought of right to render the debt or duty...
Side 635 - If the declarations spring out of the transaction, if they elucidate it, if they are voluntary and spontaneous, and if they are made at a time so near to it as reasonably to preclude the idea of deliberate design, they are then to be regarded as contemporaneous.
Side 620 - No man shall take upon him to dictate to a parent what clothing the child shall wear, at what time they shall be purchased, or of whom; all that must be left to the discretion of the father or mother.
Side 378 - We know of no case, in which a legislative act to transfer the property of A to B, without his consent, has ever been held a constitutional exercise of legislative power in any State in the Union. On the contrary, it has been constantly resisted as inconsistent with just principles, by every judicial tribunal in which it has been attempted to be enforced.
Side 639 - ... evidence; assail the credibility of witnesses, when it is impeached by direct evidence, or by the inconsistency or incoherence of their testimony, their manner of testifying, their appearance on the stand, or by circumstances.
Side 129 - But it is too late now to raise such objection to the act. The general rule that the plaintiff in ejectment must recover upon the strength of his own title...
Side 158 - That such labor shall have been performed within six months next before the bankruptcy of his employer; and all creditors whose debts are not due and payable until a future day, all annuitants, holders of bottomry and respondentia bonds, holders of policies of insurances, sureties, indorsers, bail, or other persons, having uncertain or contingent demands against such bankrupt, shall be permitted to come in and prove such debts or claims under this act, and shall have a right, when their debts and...
Side 501 - In case of excess, the directors under whose administration it shall happen, shall be liable for the same in their natural and private capacities ; and an action of debt may in...
Side 396 - In witness whereof the parties to these presents have hereunto set their hands and affixed their seals the day and year first above written.

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