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action administrator affidavit affirmed agent Allen amended answer appear assigned authority Bank of Macon Bennett bond cause charge the Jury claim Common Law complainant contract counsel for defendant County Court of Equity Court of Ordinary Court.—Lumpkin creditors debt declaration decree deed defendant excepted defendant in error delivering the opinion entitled evidence execution executor facts favor fendant filed firm fraud Georgia grant ground held indictment Inferior Court injunction interest issued Jackson John Judge Stark jurisdiction Juror Justices land Leak Legislature Let the judgment letters testamentary levied lien Logan McCamey ment mortgage motion negro offence paid parties payment person plaintiff in error plea principal record refused rendered road rule scire facias Sheriff Sheriff's sale Spicer Statute Statute of Limitations Superior Court surety Term testimony thereof tion trial Tried before Judge Troup County trust estate usury vendor verdict void William witness Wormack Wylly
Сторінка 578 - The state of slavery is of such a nature, that it is incapable of being introduced on any reasons, moral or political, but only by positive law, which preserves its force long after the reasons, occasion, and time itself from whence it was created, is erased from memory, it is so odious, that nothing can be suffered to support it, but positive law.
Сторінка 41 - But if the public interest can be in any way promoted by the taking of private property, it must rest in the wisdom of the legislature to determine whether the benefit to the public will be of sufficient importance to render it expedient for them to exercise the right of eminent domain, and to authorize an interference with the private rights of individuals for that purpose (2 Kent's Com.
Сторінка 350 - In this and similar cases, the legislature alone can, and indeed frequently does, interpose, and compel the individual to acquiesce. But how does it interpose and compel? Not by absolutely stripping the subject of his property in an arbitrary manner, but by giving him a full indemnification and equivalent for the injury thereby sustained.
Сторінка 222 - Act. This, like many other cases, is a bargain between a company of adventurers and the public, the terms of which are expressed in the statute ; and the rule of construction, in all such cases, is now fully established to be this ; that any ambiguity in the terms of the contract must operate against the adventurers, and in favor of the public, and the plaintiffs can claim nothing that is not clearly given them by the Act.
Сторінка 56 - The Condition of this Obligation is such, that if the above bounden Administrator of all and singular the Goods Chattels and Credits of Deceased, do make or cause to be made a true and perfect Inventory of all and singular the Goods Chattels and Credits of the said Deceased...
Сторінка 166 - This rule is founded upon the plain and obvious consideration that the principal bargains, in the employment, for the exercise of the disinterested skill, diligence, and zeal of the agent for his own exclusive benefit. It is a confidence necessarily reposed in the agent that he will act with a sole regard to the interests of his principal as far as he lawfully may...
Сторінка 427 - And by consequence it follows, that if one does any other act, in itself lawful, which yet being done in that place necessarily tends to the damage of another's property, it is a nuisance: for it is incumbent on him to find some other place to do that act, where it will be less offensive.
Сторінка 258 - The question, whether a law be void for its repugnancy to the constitution, is, at all times, a question of much delicacy, which ought seldom, if ever, to be decided in the affirmative in a doubtful case.
Сторінка 563 - the holy fathers, monks and friars, had in their confessions, and specially in their extreme and deadly sickness, convinced the laity how dangerous a practice it was, for one Christian man to hold another in bondage : So that temporal men by little and little, by reason of that terror in their consciences, were glad to manumit all their villeins.