Reports of Cases in Law and Equity, Argued and Determined in the Supreme Court of the State of Georgia, in the Year ..., المجلد 45Edward O. Jenkins, 1873 |
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عبارات ومصطلحات مألوفة
administrator affidavit alleged amended amount assigned as error Augusta Railroad Company bill of exceptions charged the jury claim Code Colquitt complainant Confederate money Constitution contract counsel Court erred Court of equity Court of Ordinary creditors debt deceased declares deed defendant in error defendant's Deupree dismissed Dysart et al equity evidence execution executor facts fendant filed Georgia Reports granted ground Holsenbake homestead indictment insanity intention intestate Judge Judgment affirmed jury found Justice King land Legislature lien Loyd Macon and Augusta Marietta Paper Mill marriage MCCAY ment mind mortgage motion Ordinary overruled paid parties payment person plaintiff in error plea pleaded provision question Redwine Relief Act revocation rule Shropshire sold Southern Express Company statute Statute of Frauds sued suit Superior Court Tarver taxes Term testator testified thereof tiff tion to-wit trial verdict Westmoreland wife witness
مقاطع مشهورة
الصفحة 698 - ... upon any agreement which is not to be performed within the space of one year from the making thereof," unless the "agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith, or by some person by him thereunto lawfully authorized.
الصفحة 449 - Frauds it is enacted, that no devise in writing of lands, tenements, or hereditaments, or any clause thereof, shall be revocable otherwise than by some other will or codicil in writing, or other writing declaring the same, or by burning, cancelling, tearing, or obliterating the same, by the testator himself, or in his presence, and by his directions and consent...
الصفحة 415 - In all cases, the marriage of the testator, total divorce or the birth of a child to him, subsequent to the making of a will in which no provision is made in contemplation of such an event, shall be a revocation of the will.
الصفحة 384 - It is competent for the States to change the form of the remedy, or to modify it otherwise, as they may see fit, provided no substantial right secured by the contract is thereby impaired. No attempt has been made to fix definitely the line between alterations of the remedy, which are to be deemed legitimate, and those which, under the form of modifying the remedy, impair substantial rights. Every case must be determined upon its own circumstances.
الصفحة 384 - The obligation of a contract is "the law which binds the parties to perform their agreement." Sturges v. Crowninshield, 4 Wheat. 122, 197; Story, op. cit., § 1378. This Court has said that "the laws which subsist at the time and place of the making of a contract, and where it is to be performed, enter into and form a part of it, as if they were expressly referred to or incorporated in its terms. This principle embraces alike those which affect its validity, construction, discharge and enforcement.
الصفحة 751 - Benjamin, that a contract for the sale of goods to be delivered at a future day is valid, even though the seller has not the goods nor any other means of getting them than to go into the market and buy them...
الصفحة 260 - Express malice is that deliberate intention unlawfully to take away the life of a fellow creature, which is manifested by external circumstances, capable of proof. Malice is implied, when no considerable provocation appears, or when all the circumstances of the killing show an abandoned and malignant heart.
الصفحة 192 - What is the law respecting alleged crimes committed by persons afflicted with insane delusion in respect of one or more particular subjects or persons; as, for instance, where at the time of the commission of the alleged crime the accused knew he was acting contrary to law, but did the act complained of with a view, under the influence of insane delusion, of redressing or revenging some supposed grievance or injury, or of producing some supposed public benefit?" In answer to which question, assuming...
الصفحة 150 - It is part of the consideration of this contract, and it is agreed that the said Express Company are forwarders only, and are not to be held liable or responsible for any loss or damage to said property while being conveyed by the...
الصفحة 389 - It may well be doubted how far the validity of a law depends upon the motives of its framers, and how far the particular inducements operating on members of the supreme sovereign power of a State, to the formation of a contract by that power, are examinable in a court of justice.