Imágenes de páginas


With few exceptions, the matters belonging to each Title are arranged Alphabeti-
cally. The chief exceptions are, Code, Georgia Reports, and Statutes
strued. In these, the numerical order is observed.


When the cited page is lower than 284, the decision is by the Supreme Court of
the State; when higher, it is by a Court of the United States.

ABANDONMENT of right, allowed, 192.

ABATEMENT.-Death of co-caveator works no abatement of proceed-
ing to probate a will, 102. Plea of non-joinder allowed after one of
the defendants in a joint action was stricken from the declaration by
amendment, 67.

ABOLITION.-See Emancipation.

ABSENCE.-Continuance for absence of party, held discretionary, 184.
ACADEMY.-Charter of, not violated by making a certain lease in this
case, 47.

ACCEPTANCE of assignment made in the absence of assignee, pre-
sumed, 238. Acceptance of pardon, said to be a confession of guilt,

ACCOMPLICE.-Act of, imputed to the prisoner, 247.

ACCORD and Satisfaction, said not to result, technically, from invest-
、ment in Confederate bonds by debtor, under creditor's order, 218.
ACCOUNT between partners, taken at law, 91.

ACTION.-Alien enemy's action (so held by the judgment dismissing it)
re-instated after the war, 45.

Condition precedent to action, must be performed, 143.

Creditor's action, in Equity, against the debtor of his debtor, 170.
Consolidation of actions, not ordered where the effect would be to
oust the jurisdiction, 82.

Election between joint and several actions, 78.

Illegal consideration will not support an action, 320, 330, 364.
Indorser liable in the second instance, not suable with the maker, 142.
ADMINISTRATOR.-Bond for titles, with purchase money paid, leaves
no estate in the vendor upon which to administer, 63.

Caveator (one of several) dying, his administrator is not a necessary
party, 102.

Citation, not open to question in this case on the appeal trial, 243;
second citation held unnecessary, Ib.

Administrator.-Code, § 2461: Selection of administrator by next of kin,
247. § 2464: Letters to other than original applicant, 246.

Distribution made prematurely, and administrator held personally
liable to creditors, 95.

Dower may be contested by the heirs, as well as by the administra-
tor, 251.

Emancipation, no excuse for administrator, in this case, 95.

Husband, as wife's administrator, recovered, in this case, for a con-
version before marriage, 40.

Jurisdiction to grant letters on estate of non-resident who left no
property here, denied, 63.

Kin having selected, under the Code, a proper person to administer,
the Ordinary had no discretion but to appoint, 243.

Loss of property, without fault of administrator, not ordinarily to be
borne by him, 95.

Possession as administrator, distinguished from possession as hus-
band, 192.

Sale of land by administrator without authority, and bill brought to
cancel the deed, etc., 208.

ADMIRALTY modes of trial, not applicable to Informations in rem,
founded on certain seizures, 344.

ADMISSION, by demurrer, of the facts charged in the bill, 202.
ADVANCES by trustee, said to be proper matter for reimbursement, 53.
ADVERSE possession, not commenced by secret attornment, 139. No-
tice by adverse possession, sufficient to amount to discovery of fraud,
AFFIDAVIT.—Bill supported by affidavits, on question of injunction,
213. Garnishment issuable after return term of Attachment, without
new affidavit, 229. Illegality affidavit, held a remedy under Stay
Ordinance of 1865, 254. Mistake in affidavit, correctable by other
parts of the record, not suffered to prejudice, 279. Stay Ordinance
of 1865 does not require an affidavit from the plaintiff, 254.
AFORESAID means, generally, next before, 180.

ALIBI, not established in this case, 264-5.

ALIEN enemy's suit (so held by the judgment dismissing it) reinstated
after the war, 45. Sequestration of his property, and his incapacity
to prosecute actions mentioned, arguendo, 46.

ALTERATION in writing, explained by parol, 184. Code, § 3758,
cited, 190.

AMBIGUITY, explainable by parol, 184. Code, §3724, cited, 190.
AMENDMENT.-Act of 1853: Pleadings amendable at any stage, 270.

Attachment amended so as to make it returnable to the County Court
instead of the Inferior Court, 156.

Code, § 200: 6: Amending powers of all Courts, 271. § 3258: For-
mal defects disregarded Ib. § 3415: Striking out a defendant, 78-
§§ 3424-5: Judgments and executions amendable, 208.

Execution set aside, and a new one issued, 207.

Amendment.-Judgment in attachment amended, so as to change it from a
general judgment to a special one against the property attached, 207.
Plea of non-joinder, allowed after amendment to declaration improp-
erly striking a joint defendant, 67.

Process amended, changing the appearance Term, 269.

Remarks concerning amendments, but nothing decided, 104.
Second original and process issued by way of amendment, 269.
Usee, not introduced by amendment where the effect would be to
defeat a right of set-off, 267.

AMNESTY.-See Pardon.

ANSWER.-Belief of defendant, said to be requirable by complainant,
272-3. Denial of equity by answer-effect, 47, 213, 252, 261.

Discovery waived or disclaimed, answer still requisite as pleading,
114; but whether open to exception, not decided, Ib.

APPEAL, not allowed from Monthly Term of County Court, 231. Con-
sent to appeal, with other facts, held to estop the party from denying
certain preliminary steps in the proceeding, 243. Writ of error does
not lie pending appeal, 104.

APPEARANCE Term changed by amendment; and service by second
original, etc., effected, 269. Garnishment issued after appearance
Term of attachment, 229.

APPRENTICE.-Act of 1866, construed, 236.

Colored child, held not subject to be bound out as an apprentice, in
this case; and the Ordinary's judgment so disposing of him, held
no bar to the father's claim on Habeas Corpus brought by the
alleged master, 236. Slavery said to be extinct in reality, and offi-
cial toleration of its continuance disapproved, 237-8.
ARBITRATION by illegal submission, and the award set aside on mo-
tion, 173. Code, § 2826: Submission involving over $500, to be in wri-
ting, 176.
ARGUMENT, confined to the facts in evidence, 7. Opening and conclu-
sion on motion to dissolve injunction, given to defendant, 47. Sub-
stantial defect, said to be open to attack in the argument of a special
demurrer, 323.

ARMY LINES.-Contract to remove negroes out of the lines of the
United States Army, held illegal, 320.

ASSAULT, (with intent to rape,) proved in this case, 263.

Homicide not always reduced by first assault, 59. Penalty for assault
with intent to murder, not excessive, 241.

ASSETS (Equitable) reached by creditor in a direct proceeding, 170.
ASSIGNMENT preferring certain creditors, held void here, though

made in Tennessee, 177. Code, § 1954, cited, 178. Acceptance of
assignment presumed, 238. Party made a competent witness by as-
signing his interest, etc., Ib.
ATTACHMENT.-Amended by inserting County instead of Inferior, thus
making the attachment returnable to the County Court, 156. Code,
$3190: Condition of bond, 230. § 3241: Judgment, how entered, 208.

Attachment.-Garnishment issued after return Term of attachment, and
without new affidavit and bond, 229. Judgment amended, changing it
from a general one to a judgment against the property attached, 207.
ATTAINDER-Bills of attainder, said to be statutes enacted by the su-
preme legislative power, pro re nata, inflicting capital penalties, ex
post facto, without conviction in the regular course of administration
through Courts of Justice, 298. They do not always designate by
name the persons to be attainted, Ib. Examples of such bills, 298
to 301. Bills of pains and penalties are of a kindred nature, 301-2-3.
ATTEMPT to rape was proven, in this case, 263. An attempt to steal
was not all, in this case,—the larceny was complete, 247.

ATTORNEY AT LAW-Admission, suspension, and disbarment, said to
be judicial acts, not ministerial, 288 to 291.

Argument of counsel, confined to the facts in evidence, 7.

Forfeiture of right to practice, said not to result from nonuser, 291.
Mandamus to admit or restore, refused in Pennsylvania, 289-90.
Oath prescribed by Act of Congress (January 24th, 1865,) held un-
constitutional as to certain Attorneys in the Federal Courts, 285.
Oath prescribed by the laws of California, recited, 306.

Office (public)—whether held by Attorney-at-law, as such, 287–8, 291.
Omissions in Judge's charge, should be called to his attention by the
counsel, 241.

Option as to taking or rejecting cases, 287.

Right to practice, whether property or not, 292-3-4.

ATTORNMENT (secret) does not inaugurate adverse possession, 139.
AWARD-Indemnity to co-partner, required by the award in this case,
113. Injunction granted against entering an award, 252. Judgment
adopting an award, set aide on motion because the submission in-
volved over $500.00, and was not in writing, 173. Mistake was not
in this award, 226.

BAIL may be indemnified by mortgage, 180. Condition of the bond in
criminal cases, Ib. Sheriff may take the bond, Ib.

BAILEE-Possessory warrant against, by bailor, 108.

BANK Notes issued by plaintiff, an incorporated Bank, deposited in Court
by defendant, pending the action, and allowed as a set off, 267. Sev-
eral actions brought simultaneously by same plaintiff, and order of
consolidation refused, 82.

BANKRUPTCY-Debt made for Confederate money, rejected, 330. Re-
hearing applied for and granted, 331.

BARGAIN and Sale, not proved in this case, 92-4.

BELIEF of party examined by his adversary as a witness, held to be ev-
idence, 271. Mention made of the rule in Equity, 272–3.

BILL IN EQUITY-Affidavits read in support of injunction bill, 214.
Creditor's bill against the debtor of his debtor, 170.

Demurrer admits the bill, 202.

Dismissed during the war, because complainant was an alien enemy,

and re-instated after the war, 45.
tion to dissolving injunction, 47.

Dismissed, in this case, in addi-

« AnteriorContinuar »