Court CasesDockets from the federal courts, the state courts and the agencies, with every filing PlainSite has been able to collect. Start with what people are reading this month, watch filings arrive, or browse by state, type, year or reporter. 20,326,509 Cases on record 546,498 Filed in the past 12 months Courts 18,022 Views of the top 100 this month Plain English translations Recent Court Filings Loading Map...
United States of America
Washington D.C. | Guam | Northern Marinara Islands | Puerto Rico | U.S. Virgin Islands The hundred cases PlainSite readers opened most in the past 30 days. 2
Nigerian President-Elect Bola Ahmed Tinubu was named as the owner of several bank accounts that were used to launder money for a heroin distribution network in Chicago, IL in the early 1990s. The members of the heroin ring were criminally charged in a separate case, Northern District of Illinois Case No. 2:92-cr-00113-RL. For unknown reasons, Tinubu was not. Instead, the U.S. Government seized the contents of the bank accounts based on several different seizure warrants across three different dockets, of which this is one. The other two, from 1992, are in the Southern District of New York and a separate docket in the Northern District of Illinois—both with unknown case numbers since the documents pre-date the federal court's PACER system by so many years. In total, about $2.4 million USD was seized from Tinubu's global bank accounts pursuant to these seizure warrants. While working for Mobil Oil Company in Nigeria, Tinubu used a variety of shell companies to move the money around, including Compass Finance & Investment Co., incorporated in Washington, D.C. Though he was not charged, Tinubu committed at least five federal crimes, according to the IRS Special Agent's affidavit in this case: 1) Money laundering (18 U.S.C. § 1956); 2) Using funds from unlawful activity (18 U.S.C. § 1957); 3) Bank fraud (18 U.S.C. § 1344);
4) Failure to file tax returns (26 U.S.C. § 7203); and 5) Lying to federal agents (18 U.S.C. § 1001). Tinubu was elected to be the next President of Nigeria in February 2023.
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5
This is a general administrative docket used by the New Jersey District Court to post new complaints. It's not actually a real lawsuit.
6
Based on the fact that a 1993 civil forfeiture lawsuit became one of the most popular dockets on PlainSite, PlainSite founder Aaron Greenspan sued six United States government agencies over their denial of FOIA requests and subsequent administrative appeals about Nigerian President Bold Tinubu, newly elected as of May 2023 in a highly controversial election.
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This case was brought before the court because Justin R. Dhooghe found out about an affair between his then fiance Laura V. Rivera and Charles W. Dithrich and wanted information. Charles W. Dithrich wanted to settle out of court for a list of demands including the deletion of all information and pictures Justin R. Dhooghe had in his possession of the affair along with the sum of five thousand dollars in exchange for a non-CLETs restraining order, one that was not on his permanent record. Justin R. Dhooghe eventually refused and the case was brought before the judge and ultimately was dismissed due to insufficient grounds. No restraining order is in effect.
12
The heart of my case is that Tesla, Inc. illegally terminated me in
violation of the FEHA and well-established public policy.
More specifically, Tesla illegally fired me for the following reasons:
1) I have a disability (ASD and hypertension that required
emergency care).
2) I requested accommodations and unilaterally attempted to engage
in a good faith interactive process and was denied.
3) I am an older person. I was almost 62 years old when I was
illegally fired. I was replaced immediately (3-days-later) by a
software engineer who was approximately half my age.
Coworkers made comments about my age and indicated that I
was an “old man.”
4) I complained that Rollins and my co-workers were engaging in
sexual harassment and offensive communications referring to
their penis sizes on Tesla’s communications network. Also,
sexual videos of women twerking were placed in the team’s chat
that displayed women’s breasts. Reporting was required by
Tesla’s own Sexual Harassment and Bullying Training Program.
5) I was forced to open a workers’ compensation case for injuries I
sustained as a result of work. I was awarded $45,000 for this
claim.
6) Moreover, I was fired because I engaged in whistleblowing
regarding sexual harassment, sabotage, and other security issues.
Whistleblowing is a protected activity.
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17
Amanda Patricia Bossingham, also known as "Amy," the proprietor of Amy's Baking Company in Scottsdale, AZ, featured on the popular Fox television show "Kitchen Nightmares," was convicted of bank fraud in 2008 after she falsified a Social Security number on an application for a five-figure bank loan.
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20
Aaron Greenspan, creator of the 2003 predecessor to The Facebook at Harvard University, sued popular author Benjamin Mezrich, his publisher Random House, and Columbia Pictures for copyright infringement, defamation and false advertising due to the statements made by Mezrich in and about his book "The Accidental Billionaires." Mezrich's book, which cites Greenspan's as a source, has been marketed as supposed non-fiction, even though the story is full of inconsistencies and outright falsifications, many of which Mezrich admits to. Mezrich notably omitted Greenspan's role in the creation of the web site, and helped to prop up Mark Zuckerberg as a "genius" in his book, leading to the eventual motion picture "The Social Network," and contributing to the frenzy surrounding Facebook's problematic IPO.
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25
Pop star Taylor Swift's early manager Daniel Dymtrow sued the Swift family after his services were terminated just before a meeting with Sony ATV that he alleges he helped to arrange, cutting him out of payments. He also sued Swift's new record label, Big Machine Records, and its founder, Scott Borchetta.
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Virginia Giuffre sued Ghislaine Maxwell for defamation after Maxwell alleged that Giuffre's claims about Jeffrey Epstein's sex trafficking ring, which ensnared Giuffre as a minor, were not true. Thousands of pages of documents regarding Epstein and his associates, including former Presidents Bill Clinton and Donald Trump, have been released in this case as a result of the discovery process.
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32
Current and former servers and bartenders at Darden Restaurants — the parent company of Olive Garden, Red Lobster, LongHorn Steakhouse, Seasons 52, and Bahama Breeze — filed this nationwide collective action in September 2012 in the Southern District of Florida, alleging violations of the Fair Labor Standards Act. The plaintiffs claimed that Darden illegally required tipped employees to participate in mandatory tip-sharing arrangements and otherwise failed to pay them the federal minimum wage applicable to tipped workers. The proposed class ultimately encompassed more than 216,000 servers and bartenders who worked for Darden brands during the three-year period covered by the claims.
The case generated extensive procedural litigation over conditional certification, the scope of the class list, and discovery. In November 2013, the parties discovered that Darden had inadvertently omitted approximately 1,586 bartenders from the class list — those coded under a "Bartender Tip Share" designation introduced at Olive Garden, Red Lobster, Bahama Breeze, and Seasons 52 when those brands rolled out mandatory tip-share programs around 2011. The parties jointly moved to extend the opt-in period to cover these workers. The case proceeded to mediation before a private mediator in June 2014.
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41
Richard Ramirez — the serial killer known as the "Night Stalker" who terrorized Southern California in 1984 and 1985, murdering at least 13 people and assaulting dozens more — filed this federal habeas corpus petition in December 2007 in the Central District of California, challenging his 1989 state court convictions and death sentence. The petition was filed through the Federal Public Defender's office after Ramirez exhausted his state court appeals. Federal habeas proceedings in capital cases are characteristically lengthy, and Ramirez's case proceeded slowly through the district court over several years while he remained on death row at San Quentin State Prison.
Ramirez had been convicted of 13 counts of murder, five attempted murders, 11 sexual assaults, and 14 burglaries following a highly publicized trial in Los Angeles. The case had been one of the most sensational criminal prosecutions in California history. Ramirez died of natural causes at San Quentin in June 2013 while his federal habeas petition was still pending, rendering the case moot.
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45
Elon Musk has sued OpenAI and its co-founders Sam Altman and Greg Brockman over its tight partnership with Microsoft and its for-profit activities.
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60
Federal prosecutors in the District of Rhode Island charged Irvin Vilneus and four co-defendants — Junior Mertile, Tony Mertile, James Legerme, and Allen Bien-Aime — in a series of related criminal cases filed in late 2020. A notice of related case filed in November 2020 formally linked the five proceedings, indicating the defendants were charged in connection with a common scheme or organization. The cases proceeded together before the court, which is common in prosecutions involving multiple members of an alleged criminal enterprise or conspiracy. The related-case structure suggested the defendants were charged with overlapping or coordinated criminal conduct in Rhode Island.
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This lawsuit was the second complaint filed by a woman proceeding under the pseudonym Jane Doe against Donald J. Trump and Jeffrey Epstein in the Southern District of New York, filed in September 2016 — four months after the plaintiff had voluntarily dismissed an earlier action in the same court. The refiled complaint contained substantially similar allegations: that the plaintiff, who was 13 years old in 1994, had been raped and sexually abused by both Trump and Epstein at parties hosted by Epstein at his Manhattan townhouse. The complaint alleged that Epstein lured the plaintiff with promises of money and modeling opportunities and that Trump and Epstein subjected her to multiple assaults over the course of several encounters. Like the earlier filing, it included accounts from an alleged witness proceeding as a second anonymous declarant.
The refiled case attracted even greater media attention because it was filed shortly before the November 2016 presidential election. A press conference at which the plaintiff and her attorney had planned to speak publicly was canceled, with the attorney citing death threats. The plaintiff again voluntarily dismissed the lawsuit in November 2016, citing fear for her safety. No criminal charges were ever brought based on these specific allegations.
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67
Twitter, Inc. filed this lawsuit in July 2022 in the Delaware Court of Chancery after Elon Musk attempted to back out of his agreement to acquire the company for approximately $44 billion — $54.20 per share. Musk had signed a merger agreement in April 2022 and then, less than three months later, purported to terminate the deal, citing what he claimed were material misrepresentations by Twitter about the number of spam and bot accounts on its platform. Twitter sought specific performance — a court order compelling Musk to complete the acquisition at the agreed price — rather than money damages.
Chancellor Kathaleen St. Jude McCormick agreed to expedite the case to an October 2022 trial date, a timeline Musk vigorously resisted. The litigation moved rapidly through discovery, during which Musk sought extensive information about Twitter's bot-counting methodology and Twitter sought sanctions against Musk for alleged discovery misconduct. A whistleblower complaint from a former Twitter security executive, Peiter Zatko, injected additional complexity into the proceedings by raising questions about Twitter's internal security practices.
With trial imminent and the litigation going poorly for Musk, he reversed course in October 2022 and agreed to proceed with the original deal on its original terms. The parties jointly sought a stay of the litigation, and the case was voluntarily dismissed after the acquisition closed. Musk took Twitter private, subsequently rebranding the company and its platform as X. Several related proceedings, including a petition by PlainSite founder Aaron Greenspan seeking public access to sealed court materials, were also part of the docket.
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More than 80 individual plaintiffs — residents and property owners in communities surrounding SpaceX's Starbase launch facility in Cameron County, Texas — filed a class action complaint in the Southern District of Texas (Brownsville Division) on April 30, 2026, against Space Exploration Technologies Corp. (SpaceX). Judge Rolando Olvera is assigned. The plaintiffs allege that SpaceX's Starship and Super Heavy rocket operations at Starbase generate extraordinary acoustic energy — including noise, vibrations, and sonic booms — that has repeatedly and severely damaged their homes and properties.
The complaint describes eleven fully integrated Starship/Super Heavy test flights between April 2023 and October 2025, plus six earlier non-full-stack test flights and multiple static engine tests, each generating over 16 million pounds of thrust. Plaintiffs allege their homes, located in the surrounding Cameron County communities, have sustained repeated structural damage from the resulting acoustic events, which they describe as unprecedented in power.
The plaintiffs seek jury trial and bring claims for property damage arising from SpaceX's operations. The case was filed on April 30, 2026, with initial procedural orders entered in June 2026.
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75
Claudia Gayle filed this class action in November 2007 in the Eastern District of New York against Harry's Nurses Registry, Inc. and its owner Harry Dorvilier, on behalf of herself and other nurses and home health aides who had been placed by the registry. The plaintiffs alleged that Harry's Nurses Registry had systematically violated the Fair Labor Standards Act and New York Labor Law by failing to pay overtime wages, misclassifying workers, and making unlawful deductions from wages earned by workers providing in-home patient care.
After years of litigation the court entered judgment in favor of the plaintiffs in September 2012, awarding $619,071.76 in damages to the named plaintiffs and class members. A supplemental judgment was entered in October 2013 following further proceedings before Magistrate Judge Marilyn D. Go, whose Report and Recommendation was adopted in full by Judge Nicholas G. Garaufis. Post-judgment proceedings addressing remaining class members' claims and enforcement continued for years afterward, with the most recent docket activity appearing in September 2024, suggesting ongoing collection or distribution efforts nearly seventeen years after the case was filed.
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77
A San Francisco man unfortunate enough to share the name of the 2012 Aurora, Colorado movie theater shooter was senselessly beaten by the San Francisco Police Department in California shortly after the shooting took place in Colorado. He is suing the San Francisco Police Department. The case received notoriety after an another man was similarly beaten and then put into solitary confinement by the San Francisco police, and linked to Holmes's docket in his blog.
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This consolidated stockholder derivative action, filed in September 2016 in the Delaware Court of Chancery, challenged Tesla Motors' $2.6 billion acquisition of SolarCity Corporation as a conflicted transaction that amounted to a bailout of a struggling company at Tesla shareholders' expense. The central allegation was that Elon Musk, who held a significant stake in both Tesla and SolarCity and whose cousins Lyndon and Peter Rive ran SolarCity, orchestrated the merger to rescue SolarCity from financial distress while using Tesla as the vehicle to do so. Plaintiffs alleged that Musk and the Tesla board members who approved the deal breached their fiduciary duties to Tesla shareholders.
The litigation proceeded through years of discovery and motion practice before proceeding to a ten-day trial before Vice Chancellor Joseph R. Slights III in July 2021. The trial featured extensive testimony and expert analysis on whether SolarCity was financially distressed at the time of the acquisition, whether the deal price was fair, and whether Tesla's board acted independently given Musk's influence over it. Key witnesses included financial experts debating the valuation of SolarCity and the terms of the transaction.
Vice Chancellor Slights issued his post-trial decision in April 2022, ruling that while Musk was a conflicted controlling stockholder, the acquisition was entirely fair to Tesla shareholders and judgment was entered in favor of the defendants. Plaintiffs filed a notice of appeal to the Delaware Supreme Court in May 2022.
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89
Aaron Greenspan, the founder of PlainSite.org, filed this lawsuit pro se in state court in 2024 against Elon Musk, Tesla Inc., X Corp., Jared Birchall (Musk's personal assistant and corporate representative), Omar Qazi (a Tesla promoter who ran the SMICK Enterprises social media account), and several of Musk's attorneys including Alex Spiro of Quinn Emanuel and Adam Cashman and Allison Huebert of Singer Cashman LLP. The case was removed to the Northern District of California and assigned to Judge Maxine Chesney. Greenspan alleged that Musk and his associates engaged in a coordinated harassment and defamation campaign against him, including directing Qazi to make false statements about Greenspan on social media.
Quinn Emanuel represented Tesla, Excession LLC, and Musk's revocable trust. Qazi appeared pro se. The district court ruled against Greenspan, and he filed a notice of appeal to the Ninth Circuit in March 2026 from Covina, California. Qazi filed an opposition to Greenspan's motion for extension of time in February 2026.
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93
Stating that he was "out for blood," Elon Musk filed a frivolous lawsuit against PlainSite owner Aaron Greenspan and his company, Think Computer Corporation, which runs PlainSite. Though it was filed in February 2023, it was not served until April. On May 1, Musk dismissed the lawsuit voluntarily. Two days later, Greenspan filed a cross-complaint (known as a counter-suit in other states) against Musk, his attorneys, Tesla, Inc., and Omar Qazi, alleging that Musk and his associates had attempted to use the courts to libel him in a malicious prosecution. Even though Musk and his attorneys were on notice of the lawsuit—they filed it—and corresponded by e-mail about it, they refused to respond to the cross-complaint. The case is ongoing.
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95
Tesla shareholder Richard Tornetta filed this derivative lawsuit in June 2018 in the Delaware Court of Chancery challenging the massive compensation package granted to Elon Musk by the Tesla board in January 2018. The plan consisted of 12 tranches of stock options — each representing 1% of Tesla's outstanding shares — that vested upon the achievement of paired market capitalization and operational milestones over a ten-year period. Tesla itself disclosed that the plan's estimated fair value was .6 billion, and analysts projected it could eventually be worth over billion if the company continued to grow. Tornetta alleged that Musk, as Tesla's controlling stockholder and chairman, had improperly influenced the compensation committee and the full board, and that the package was not the product of a fair, arm's-length process.
In January 2024, Chancellor Kathaleen McCormick issued a landmark decision voiding the compensation package in its entirety. The court found that Musk was a controlling stockholder at the time the plan was approved, that the process by which it was negotiated and approved was deeply flawed and conflicted, and that the defendants had failed to demonstrate that the plan was entirely fair to Tesla shareholders. The decision drew international attention for its size and its implications for corporate governance of founder-controlled companies.
Following the ruling, Tesla's board put the compensation package to a shareholder ratification vote in June 2024, which passed with majority support. Proceedings continued in the Court of Chancery through late 2024 as the court considered whether the post-litigation shareholder vote could cure the defects identified in the January 2024 ruling.
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The nature-of-suit codes the federal courts assign when a case is filed. Choose one for every case PlainSite has under it. Federal district courts
100Contract
102Contract
104Contract
110Contract - Insurance
111 Miscellaneous
112Contract - Sale (CDA)
114Contract - Service (CDA)
116Contract - Supply (CDA)
118Contract - Other (CDA)
120Contract: Marine
122Contract - Bid Preparation Costs
128Contract - Subsidy
130Contract - Surety
134Contract - Other
136Contract - Other - Wunderlich
138Contract - (Pre Award) Injunctions
140Contract - Injunction (Post Award)
150Contract: Recovery of Overpayment & Enforcement of Judgment
151Contract: Medicare Act
152Contract: Defaulted Student Loan
153Contract: Recovery Veteran Ben.
160Contract: Stockholders' Suits
190Contract: Other Contract Actions
195Contract Product Liability
196Contract: Franchise
200Tax - Allowance of Interest
202Tax - Declaratory Judgment 28:1507
204Tax - Estate
206Tax - Excise
208Tax - Gift
210Real Property: Land Condemnation
212Tax - Income Individual
214Tax - Informer's Fees
220Foreclosure (Diversity)
224Tax -100% Penalty-26:6672- Withhold.
226Tax - Other
230Real Property: Rent Lease & Ejectment
240Real Property: Torts to Land
245Real Property: Tort Product Liability
290Real Property: Other
300Civilian Pay - Back Pay
302Civilian Pay - COLA
304Civilian Pay - FLSA
306Civilian Pay - Overtime Compensation
310Personal Injury: Airplane
312Civilian Pay - Other
315Personal Injury: Airplane Product Liability
320Personal Injury: Assault Libel & Slander
330Personal Injury: Federal Employer's Liability
340Personal Injury: Marine
344Military Pay - Correct Records
345Marine Product Liability
346Military Pay - Correct/Reinstate
348Military Pay - Reinstatement
350Motor Vehicle Personal Injury
352Military Pay - Retirement
354Military Pay - SBP
355Personal Injury: Motor Vehicle Product Liability
356Military Pay - Other
360Personal Injury: Other
362Personal Injury: Medical Malpractice
365Personal Injury: Product Liability
367Health Care/Pharmaceutical Personal Injury Product Liability
368Personal Injury: Asbestos Personal Injury Product Liability
370Fraud or Truth-In-Lending
371Personal Property: Truth in Lending
375Other Statutes: False Claims Act
376Qui Tam (31 U.S.C. § 3729(a))
380Personal Property: Other Personal Property Damage
385Personal Property: Property Damage Product Liability
400State Reapportionment
410Anti-Trust
422Bankruptcy Appeals, Rule 28 U.S.C. § 158
423Bankruptcy Withdrawal, Rule 28 U.S.C. § 157
424(Obj/Revocation Discharge 727
430Banks and Banking
434Injunctive Relief
435Validity/Priority/Extent Lien
440Civil Rights: Other
441Civil Rights: Voting
442Civil Rights: Employment
443Civil Rights: Housing/Accommodations
444Civil Rights: Welfare
445Civil Rights: Americans with Disabilities - Employment
446Civil Rights: Americans with Disabilities Act - Other
448Civil Rights: Education
450Commerce ICC Rates Etc.
454Recover Money/Property
455Revoke Plan Confirmation
456Declaratory Judgment
457Subordinate Claim/Interest
458Injury - DTP/DPT
460Deportation
462Naturalization Application
463Habeas Corpus - Alien Detainees
464Injury - Polio inactive
465Immigration: Other Immigration Actions
467Injury - Tetanus & Diptheria
469Injury - Other
470Civil (RICO) Racketeer/Corrupt Organization
472Death - DTP/DPT
480Consumer Credit
483Death - Other
484Injury - Hepatitis B
485Injury - Hemophilus influenzae
486Injury - Varicella
490Cable/Satellite TV
492Injury - Thimerosal
494Injury - Influenza
496Injury - Meningococcal
498Other Action
499Death - Human Papillomavirus
500Common Carrier - Transportation
502Copyright
504Native American
508Patent
510Taking - Personalty
511Taking - FIRREA
512Taking - Realty
513Taking - Rails to Trails
514Taking - Other
515Unjust Conviction and Imprisonment
516Miscellaneous - Damages
528Miscellaneous - Other
530Prisoner: Habeas Corpus
535Death Penalty - Habeas Corpus
536Spent Nuclear Fuel
540Prisoner Petitions: Mandamus and Other
550Prisoner Petitions: Civil Rights
555Civil Rights (Prison Condition)
560Prisoner Petitions: Civil Detainee: Conditions of Confinement
610Forfeit/Penalty: Agriculture
620Forfeit/Penalty: Food and Drug
625Drug Related Seizure of Property
630Miscellanous
650Forfeit/Penalty: Airline Regs.
660Forfeit/Penalty: Occup. Safety
690Forfeiture/Penalty: Other
710Labor: Fair Labor Standards Act
720Labor: Labor/Management Relations
730Labor: Reporting/Disclosure
740Labor: Railway Labor Act
751Labor: Family and Medical Leave Act
790Labor: Other
791Labor: Employee Retirement Income Security Act (ERISA)
810Selective Service
820Property Rights: Copyright
830Property Rights: Patent
840Property Rights: Trademark
850Other Statutes: Securities/Commodities/Exchange
861Social Security: HIA
862Social Security: Black Lung
863D.I.W.C./D.I.W.W. (US Defendant)
864Social Security: SSID Title XVI
865Social Security: RSI Tax Suits
870Federal Tax Suits: Taxes (US Plaintiff or Defendant)
871Federal Tax Suits: IRS-Third Party
875Taxes: Customer Challenge
890Other Statutes: Other Statutory Actions
891Agriculture Acts
892Economic Stabilization Act
893Environmental Matters
894Energy Allocation Act
895Freedom of Information Act
896Other Statutes: Arbitration
899Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
900Appeal of Fee Determination
908Miscellaneous Case - Other
950Other Statutes: Constitutionality of State Statutes
990Other
999Miscellaneous Cases
Federal appellate courts
1152Contract: Recovery of Student Loan Defaults
1190Contract: Other Contract Action
1220Foreclosure
1240Torts to Land
1290Real Property - Other
1370Other Fraud
1371Truth in Lending
1380Other Personal Property Damage
1410Antitrust
1422Bankruptcy Appeals Rule 28 - USC 158
1440Other Civil Rights
1441Civil Rights: Voting
1442Civil Rights: Jobs
1443Civil Rights: Accommodations
1445Americans with Disabilities Act - Employment
1446Americans w/Disabilities Act - Other
1465Other Immigration Actions
1470Civil (RICO)
1625Forfeiture - Drug Related
1690Forfeiture - Other
1720Labor Laws - Labor/Mgmt Relation
1791Labor Laws - Retirement Act 1974
1850Securities Commodities Exchange
1870Tax Suits
1890Other Statutory Actions
1891Agricultural Acts
1893Environmental Matters
2110Insurance
2151Contract: Medicare Act Overpay
2152Recvry of Defaulted Student Loans
2190Contract: Other Contract Action
2210Condemnation
2220Real Property: Foreclosure
2240Real Property: Torts to Land
2290Real Property: Other
2320Assault Libel and Slander
2330Personal Injury: Federal Employers Liability
2340Marine Personal Injury
2350TORTS INJURY: Motor Vehicle
2360Personal Injury: Other Personal
2362Personal Injury: Medical Malpractice
2370Personal Property: Fraud
2371Truth in Lending
2380Personal Property: Other
2410Antitrust
2422Bankruptcy Appeals Rule 28 USC 158
2423Withdrawal
2430Banks and Banking
2440Civil Rights: Other
2441Civil Rights Voting
2442Civil Rights: Jobs
2443Civil Rights: Accomodations
2445Americans w/Disabilities Act-Empl
2446Americans w/Disabilities Act-Othr
2460Deportation
2462Naturalization Application
2463Habeas Corpus - Alien Detainees
2465Other Immigration Actions
2480Consumer Credit
2510Prisoner Petitions -Vacate Sentence
2530Habeas Corpus (Prisoner Petition)
2535Habeas Corpus: Death Penalty
2540Prisoner Petitions-Mandamus/Other
2550Prisoner - Civil Rights
2555Prison Conditions
2560Civ Detainee - Cond of Confinement
2625Drug Related Seizure of Property
2690Other Forfeiture and Penalty Suits
2710Fair Labor Standards Act
2720Labor/Management Relations
2790Other Labor Litigation
2791Employee Retirement
2830Patent
2850Securities Commodities Exchange
2860Social Security
2861Medicare
2862Social Security: Black Lung
2863DIWC / DIWW (Social Security)
2864SSID Title XVI (Social Security)
2865R.S.I.
2870Taxes (U.S. Plaintiff or Defendant)
2871IRS Third Party Suits (TAX DC)
2890Other Statutory Actions
2891Agricultural Acts
2893Environmental Matters
2895Freedom of Information Act
2899Adminstrative Review Act
2950Constitutionality of State Statutes
2990Other
3110Contract: Insurance
3120Contract: Marine
3130Contract: Miller Act
3140Contract: Negotiable Instrument
3150Overpayments & Enforcement of Judgments
3151Overpayments Under the Medicare Act
3160Contract: Stockholder Suits
3190Contract: Other
3196Franchise
3210Land Condemnation
3220Real Property: Foreclosure
3230Real Property: Rent Lease Ejectment
3240Real Property: Torts to Land
3290Real Property: Other
3310Airplane Personal Injury
3315Airplane Product Liability
3320Assault Libel and Slander
3330Federal Employers Liability
3340Personal Injury: Marine
3350Personal Injury: Motor Vehicle
3355Motor Vehicle Product Liability
3360Personal Injury: Other
3362Personal Injury: Medical Malpractice
3365Personal Injury: Product Liability
3367Torts
3368Personal Injury: Asbestos Prod Lia
3370Personal Property: Fraud
3371TORTS-Truth in Lending
3375Other Statutes: False Claims Act
3380TORTS PERSONAL PROPERTY-Other
3385Property Damage: Product Liability
3400STATUTES-State Reapportionment
3410Antitrust
3422Bankruptcy Appeals Rule 28 USC 158
3423Bankruptcy Withdrawal 28 USC 157
3430STATUTES-Banks & Banking
3440Civil Rights: Other
3441Civil Rights: Voting
3442Civil Rights: Jobs
3443Civil Rights: Accommodations
3444Civil Rights Welfare
3445Americans with Disabilities Act - Employment
3446Americans with Disabilities Act - Other
3448Civil Rights
3450Interstate Commerce
3470Racketeer Influenced & Corrupt Organizations (RICO)
3480Consumer Credit
3490Cable/Satellite TV
3530Prisoner: Habeas Corpus
3535Habeas Corpus - Death Penalty
3540Prisoner Petitions-Mandamus/Other
3550Prisoner: Civil Rights
3555Prisoner Petitions - Prison Condition
3560Prisoner Petitions
3710Labor: Fair Standards
3720Labor/Management Relations Act
3730Labor: Reporting/Disclosure
3740Labor: Railway Labor Act
3750Labor
3751Labor: Family and Medical Leave Act
3790Labor: Other
3791Employee Retirement (ERISA)
3820Property Rights: Copyright
3830Property Rights: Patent
3840Property Rights: Trademark
3850Securities Commodities Exchange
3864SOC SEC-SSID Title XVI
3890Statutes: Other
3891Statutes: Agricultural Acts
3892Economic Stabilization Act
3893Environmental Matters
3895Statutes: FOIA 1974
3896Other Statutes
3899Other Statutes
3950Constitutionality of State Statutes
3990Other
3999Miscellaneous
4110Contract: Insurance
4120Marine Contract Actions
4140Contract: Negotiable Instruments
4150Contract: Overpayment Recovery
4160Contract: Stockholders Suits
4190Contract: Other
4195Contract: Product Liability
4196Franchise
4220Real Property: Foreclosure
4230Rent Lease Ejectment
4240Torts to Land
4245Tort: Personal Liability
4290Real Property: Other
4310Personal Injury: Airplane
4315Airplane Product Liability
4320Personal Injury: Assault Libel & Slander
4340Marine Personal Injury
4345Marine Product Liability
4350Personal Injury: Motor Vehicle
4355Motor Vehicle Product Liability
4360Personal Injury: Other Personal
4362Personal Injury: Medical Malpractice
4365Personal Injury: Product Liability
4367Torts
4368Personal Injury: Asbestos
4370Personal Property: Fraud
4371Truth in Lending
4380Personal Property: Other
4385Property Damage-Product Liability
4440Civil Rights-Other
4442Civil Rights Jobs
4443Civil Rights Accommodations
4470STATUTES-RICO
4480Consumer Credit
4790Other Labor Litigation
4890Other Statuatory Actions
4896Other Statutes
4950Constitutionality of State Statutes
5362Medical Malpractice
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All reporters › ga-app › Volume 8 Opinions in ga-app, volume 8
(After stating the foregoing facts.) 1. We find no error in the judgment refusing a new trial, though the judgment must be amended.… (After stating the foregoing facts.) ■1.… The Mercantile Claim Company, as transferee, sued the Central of Georgia Kailway Company for the value of 18 boxes of cigars lost in transit.… The decision in this case is controlled by the answer of the' Supreme Court to the certified question (134 Ga.… Touchstone v. State Page 17 There is no complaint of any error of law either in.… Tygart v. Sutton Page 20 The plaintiffs sued for damages resulting from an alleged breach of contract.… Thompson v. Kelsey Page 23 1. Section 5072 of the Civil Code of 1895, providing for the opening of defaults, should be given a liberal construction, in the promotion of justice and the establishment of the truth; and the discretion of the trial judge in opening a default and permitting the defendant to plead will not be interfered with by a… Huff v. Whitner, Manry & Co. Page 25 This was an appeal from a confession of judgment in a justice’s court.… The law applicable to the issues made by the pleadings and evidence was fully, fairly, and correctly given in charge, and the evidence supports the verdict.… Richardson v. State Page 26 1. The defendant enters upon liis trial with the presumption of innocence in his favor, which is equivalent to evidence authorizing his acquittal, but this presumption does not necessarily remain until the end of the investigation; it remains until it is rebutted by proof which is sufficient for that purpose.… Barbour v. State Page 27 The accusation contained four counts. The first charged the sale of liquor; the second, the giving away of liquor to induce trade; the third, the keeping and furnishing of liquor at a public place; the fourth, the keeping on hand of liquor at the defendant’s place of business.… Wilburn v. State Page 28 The defendant in the court below was convicted of the offense of misdemeanor.… Bailey v. State Page 32 Bailey was convicted in the criminal court of Atlanta of carrying a pistol concealed.… Belcher v. Massey Bros. Page 34 In this case there was no appearance for the plaintiff in error, and this court, complying with the request of counsel for the defendant in error, opened the record, and, after considering the charaeter of the errors assigned, is satisfied that the writ of error was sued out for delay only.… Davison v. Bush Page 34 Busli and others sued Davison in the county court of Greene county.… From a judgment of a justice’s court dismissing a case-for want of -prosecution an appeal to a jury does not lie.… This is the second appearance of this case in this court.… Stephens v. McNaughton Page 42 Mrs. Stephens caused a distress warrant to be issued against McNaughton.… 1. Bialock brought suit on account against the Atlantic Coast Line Bailroad Company, attaching to his petition an itemized statement of the services rendered by him as flagman, and allowing credit for certain payments made him by tlie defendant, and showing a balance in his favor of $184.95.… Forbes Piano Co. v. Hixon Page 51 The E. E. Forbes Piano Company brought a suit against Hixon in the city court of Polk county for $528.46.… Hobbs v. State Page 53 The defendant was'convicted of the offense of attempting to wreck a railroad train.… The Planters Phosphate & Fertilizer Company brought suit upon an account, against Mrs. Orr, for certain fertilizer which it alleged it had furnished her.… Langston & Co. v. Neely Co. Page 67 T. L. Langston & Co. brought suit against the R.C.… Eaves v. Field & Son Page 69 1. A ruling upon the admissibility of.testimony may, of course, be reviewed by a motion for a new trial, but the admissibility or ineompetency of testimony, to which no objection was interposed at the time it was introduced, can not be tested for the first time by an exception to a charge of the court which is… Gray Lumber Co. v. Harris Page 70 The Gray Lumber Company brought trespass against Harris et al.… Hill v. State Page 77 1. -An ©fficer charged with the execution of process may deputize another person to serve process within his presence, and the arrest will be legal if made in the presence of the officer to whom the warrant is 'directed, although the latter may be in possession of the warrant itself, and although the party making the… Ashley v. Reynolds Page 78 An affidavit of illegality was filed to the levy of an execution, and the ease was duly returned to the court from which the execution issued.… Haley v. Vandiver Page 78 This was a suit in a justice’s court, on a promissory note, against the maker by the holder, who was not the payee.… The Palmer Hardware Company sued Blumenfeld on an account for the purchase-price of certain stove and plow castings, amounting to $68.41.… This was a suit to recover damages for a breach of contract of carriage, based on the following state of facts.… The pastor and trustees of the “Colored Methodist Episcopal Church in Amei’ica,” located at Griffin, Georgia, unincorporated, bought a piano for the use of the church.… Denton v. McMillan Page 84 The court properly allowed the amendment of the judgment.… This case involves $33.50. No material error of law was committed.… DeJarnette v. Holmes Page 86 The controlling issues being questions of fact, and the verdict being fully supported by the evidence, and no prejudicial error of law appearing, the judgment denying another trial is Affirmed. Davis v. Williams Page 86 1. The bailee, as a general rule, can not deny the title of his bailor; and.… Cunningham v. Strom Page 87 This case is here on a direct bill of exceptions in which the only valid assignment of error is that the finding of the court, without the intervention of a jury, is without any evidence to support it.… Barber v. Hunter, Ben & Co. Page 87 The bill of exceptions was certified by the judge on February 1, 1910, and service was acknowledged February 14, 1910, in the following language: “Due and legal service of the within bill of exceptions acknowledged; copy and all other and further notice and service waived.” There was no other service of the bill of… Butler v. Lazenby Page 88 1. Lazenby sued out a possessory warrant against Butler, his cropper, to recover possession of a bale of cotton.… Lowe Co. v. Cundell Lumber Co. Page 88 No error of law is complained of, and no question of law is made by the record.… 1. Where one person contracts to sell to another real estate in exchange for the performance of personal or professional services, or on like consideration, and the services are performed, and the vendor, instead of making a deed to the land as promised, offers to rescind, and the vendee, accepting the proposal of… Allen v. State Page 90 Though the evidence is weak and unsatisfactory, it was sufficient to authorize the conviction of the defendant, and the verdict was approved by the trial judge.… In a suit to recover damages from a railroad company for killing a cow, the court charged the jury, “If you believe the railroad company was not negligent — did all they could to prevent the killing, under the rules of law given to you, and are not liable therefor, the form of your verdict will be, ‘We, the jury, find… 1. The city court of Quitman has jurisdiction to try warrants to eject intruders.… Tipton v. State Page 92 1. Tlie assignments of error as to the court’s instructions upon the subject of assault'with intent to murder are immaterial, because they were not harmful to the defendant, as is apparent from the fact that the jury found the defendant guilty merely of shooting at another.… Clary v. State Page 92 1. The court did not err in overruling the objection to the juror who was challenged on account of relationship.… Harker v. State Page 93 1. There was no error in overruling the demurrer.… Thomas v. State Page 95 The defendant was indicted for breaking into and entering a railroad-car in the custody of the Southern Bailway Company.… Fain v. City of Atlanta Page 96 The evidence, being- wholly circumstantial and not inconsistent with the defendant’s innocence, was insufficient to authorize the defendant’s conviction, and for that reason the certiorari should have been sustained, and the judgment of the recorder’s court set aside as contrary to law.… Loeb v. City of Atlanta Page 97 The .circumstances were not inconsistent with the theory of innocence; and as there is no proof in the record of any sale or at1 tempted sale of intoxicating liquors by the accused, his conviction was unauthorized, and the certiorari should have been sustained.… Kemp v. State Page 97 The incriminating circumstances raise a-grave suspicion of the defendant’s guilt, but are consistent with his innocence.… Kennedy v. Mayor of Savannah Page 98 1. Only such substantial compliance with the provisions of the act of 1899 (Acts 1899, p.… Graves v. Hunnicutt Page 99 1. It was error to award a nonsuit. There was some evidence from which a jury would have been authorized to infer that the plaintiff, as a real-estate broker, was the procuring cause of the sale of the defendant’s property, although the sale was actually effected for a lower price than the broker was authorized to… Corker v. Sperling Page 100 1. The testimony of the witness, introduced by the plaintiff, that certain words were used by the defendants, in meaning substantially conformed to .the allegation in the petition as to the language there charged to have been used by him; and the tacit admissions of the defendant, that he had made statements to the… Guthrie v. Hendley Page 101 We think that the court properly dismissed the motion for a new trial in this case.… Dodd v. State Page 106 The discretion, of the trial judge, in dismissing the motion for a new trial for failure to file the brief of the evidence within the time provided by his order, was not abused.… Gibbs v. State Page 107 The defendant in the court below was convicted of the offense of burglary.… Smith v. Swint Page 109 This was a suit on promissory notes; defense, partial failure of consideration; verdict for the plaintiff.… Southern Railway Co. v. Stearns Page 111 This was a suit against the railroad company to recover damages for injuries to a horse.… Moore v. State Page 113 The evidence was insufficient to authorize the conviction of the defendant, and a new trial should have been granted.… Burse v. State Page 113 1. The objection to the disqualificatiori of the presiding judge on account of relationship was not properly presented; and no evidence was offered, either at the trial or upon the hearing of the motion for a new trial, to support the statement that the prosecutor was kin to the judge.… 1. An answer in behalf of a corporation by its bookkeeper who answers positively to the facts therein stated is sufficient, and the striking of such an answer because not made and verified by the corporation was erroneous.… Shepherd v. State Page 114 The defendant was convicted in the lower court of a violation of the “labor-contract law” of 1903 (Acts 1903, p.… There was no error in refusing a nonsuit, or in declining to grant a new trial.… Spurgeon v. State Page 117 1. The evidence authorized the defendant’s conviction of voluntary manslaughter; indeed, the evidence seems to preponderate in favor of this theory of the case.… Head v. State Page 117 The criticisms made as to excerpts from the charge, when considered in connection wdth the entire charge, are without substantial merit.… Burden v. State Page 118 It is a violation of the law in this State for a person to have in his possession, custody, or control any intoxicating liquor at any place where people have assembled for divine worship, whether he carry it there or procure it from another after arriving there.… Stewart v. State Page 118 The evidence showing that the defendant kept a quantity of intoxicating liquor on hand in a house used both as a residence and as a place of business, and that he had it there at a time when several members of the public were admitted, though the place was nominally closed for business at the time, and there being… Lampley v. State Page 119 No error of law is complained of. The evidence, although circumstantial, points clearly to the defendant’s guilt and excludes every reasonable hypothesis of his innocence.… Foster v. State Page 119 The defendant was convicted of cheating and swindling.… Hopkins v. State Page 124 1. The alleged newly discovered evidence is cumulative and impeaching in character, and the trial judge did not abuse his discretion in refusing to grant a new trial on that ground.… Warthen v. State Page 124 1. There /was no error in refusing to continue the case.… McKenzie v. State Page 124 1. The assignments of error are without merit.… Edge v. State Page 125 1. That the.panel of jurors heard the argument on the trial of one jointly indicted with the defendant is not a ground for challenge to the array; nor is it ground for peremptory challenge to the poll.… Cunningham v. State Page 125 The points presented in the certiorari are without merit.… Cleckley v. Ransom Page 126 Emily S. Cleckley and- Susie H. Ransom each brought separate attachment suits against the Mutual Fidelity Company of Delaware, on the ground of non-residence, these attachments being levied by serving summons of garnishment on the same garnishee; and they were returned to the same term of court.… Cabaniss v. State Page 129 It will be necessary to extend this opinion to an unusual length, in order to cover the ease as presented in this court.… Laura Hutchings Bobo brought suit against the Locomotive Engineers’ Mutual Life and Accident Insurance Association, as the beneficiary in a policy of insurance on the life of her brother^ W.… McManus Co. v. Drexel Furniture Co. Page 158 ■ Tlie Drexel Furniture Company brought a suit upon an account for the unpaid balance of the purchase-price of certain furniture sold by it to the L.… The plaintiff brought suit in the city court of Macon against the Central of Georgia Railway Company for $25,-000 damages.… Whitley v. State Page 165 1. Under the instructions of the Supreme Court in response to the certified questions (134 Ga.… Liberty Fruit Products Co. v. Maloof Page 166 The Liberty Fruit Products Company brought a suit against S.… Cassidy v. Mayor of Macon Page 166 In the main the case is - controlled by Cassidy v. Mayor, etc., of Macon (No. 2018), this day decided; but the punishment imposed not being in the alternative, direction is given that the sentence be reformed, as was done in Bashinski’s case, sub nom.… Cassidy v. Mayor of Macon Page 166 1. This case is controlled by Loeb v. Jennings, 133 Ga.… Western Union Telegraph Co. v. Glenn Page 168 This caso lias previously been before this court, and is reported in 1 Ga.… The Dunlap Hardware Company filed a suit in the city court of Sylvester against Rouse & Williams, and at the same time made affidavit and bond before a justice of the peace of Bibb county, upon which summons of garnishment was issued.… 1. Tlie exception which assigns error on the refusal of the justice of the peace to allow the defendant in the court below to amend its plea by adding an affidavit could not 'be considered by the judge of the superior court, because the untraversed answer of the magistrate contradicted the averments of the petition… Roper Wholesale Grocery Co. v. Faver Page 178 Faver, as trustee for D. L. Carter, bankrupt, brought a suit against the Roper Wholesale Grocery Company, by which he sought to recover certain personal property described in the petition, which it was alleged had been taken from the assets of the bankrupt by the defendant.… Martin v. Carter Page 178 1: Where facts are involved, the first grant of a new trial will not be disturbed; and even where the first grant of a new trial depends upon the legal construction of the evidence, the judge’s view of tlie law will not be closely scanned.… Perry v. State Page 181 In the main, the trial was fair and free from error, hut the court erred in limiting the defendant’s right to strike the prosecutor to his own personal self-defense.… 1. The payee of a negotiable instrument, in the absence of anything appearing to the contrary, is presumed to be the first indorsor; and indorsement “to the order of any bank or banker” carried to the plaintiff, as a bank, the right to collect the amount due on the check, and to bring suit either on the check or for… Wilkins v. McMahan Page 182 McMahan recovered a judgment in trover against Wilkins for three bales of cotton, and Wilkins excepts.… (After stating the foregoing facts.) So far as the general grounds of the motion are concerned, it can not be said that the verdict is without evidence to support it.… Florence Wagon Works v. Salmon Page 197 On March 24, 1908, Salmon, the defendant, gave an order to the plaintiff, through its traveling salesman, for certain wagons, at.the price of $1,247.90.… Holland v. State Page 202 There was no merit in the demurrer, to the overruling of which defendant excepted pendente lite.… Law v. Smith & Kelly Co. Page 202 1. As to the element of the defendant’s negligence, there was ample evidence to make a case for submission to the jury.… Watts v. State Page 205 ]. There was no error in the instructions of the court to the jury, nor any intimation or expression of an opinion as to the defendant’s guilt by the trial judge, either in the charge or in the rulings ■upon evidence.… Lambert v. State Page 206 The defendant was adjudged guilty of assault and battery.… Ford v. Mayor of Brunswick Page 208 The decision of the Supreme Court upon the constitutional question certified by this court (134 Oct.… Loque v. Hancock County Page 208 1. The questions raised in this record are fully controlled by the decision of this court in Wright v. Sheppard, 5 Ga.… Landrum v. Swann Page 209 1. Hearsay is generally not admissible as evidence.… Wood v. Vienna Telephone Co. Page 209 The .question is whether telephone service for the *210court-house, jail, and pauper farm of a county is a legitimate and constitutional charge for which the county authorities may appro¡3riate money from the county treasury'-.… Brown v. State Page 211 Glade Brown was convicted of cheating and swindling, under the act of 1903, commonly known as the “labor-contract act” (Acts 1903, p.… City of Atlanta v. Turner Page 213 The beadnote states enough of the facts for an understanding of the case.… Walker v. State Page 214 Jack Walker was convicted, in tbe city court of Monticello, of selling whisky.… Summerford v. Meyer & Co. Page 214 The evidence supports the verdict. Judgment affirmed. Stevens v. State Page 217 1. After instructing the jury that it was their duty to reconcile the evidence of the different witnesses, if it "could be done without imputing perjury to any, the court charged that “when witnesses - agree as to important facts testified to, slight discrepancies as to the collateral attendant facts afford no ground… Mauldin v. State Page 218 The only question involved in this case is made by the assignment of error that the trial judge erred in dismissing the motion for a new trial and refusing to reinstate it.… 1. An affidavit made to foreclose a mortgage under section 2754 of the Civil Code of 1895, and which stated that the defendant mortgagor had “placed himself in some one of the positions where process of attachment could legally issue against him,” was amendable; and the plaintiff should have been allowed to amend, as… Miller v. O'Neal Page 220 The case involved such a controlling issue of fact as to make the verdict of the jury, as approved by the judge of the superior court on certiorari, final; there being no error of law complained of, and there being some evidence to support the verdict.… Bryan County Bank v. Moyd Page 220 The evidence for the defendants made an undisputed case of non-liability.… Marshall v. Woodbury Banking Co. Page 221 A verdict for tlie plaintiff was not demanded by tlie evidence, and the court erred in directing- tlie verdict.… Owens v. Parker Page 221 1. The court erred in striking, on motion' of the plaintiffs, that portion of the defendants’ plea which set up fraud and misrepresentation as to the mule sold to them by the plaintiffs, and which alleged a failure of consideration because of the worthlessness of the mule.… Wimbush v. Curry Page 223 The defendant in error brought suit in a justice’s court against the plaintiff in error.… Southern Railway Co. v. Jones Page 225 The plaintiff brought a suit against the Southern Eailway Company for damages, alleging, that he endeavored to buy a ticket from Baxley to Prentiss; that he went to the depot twenty minutes before the train was due to arrive, for the purpose of purchasing a ticket, and looked in the ticket office for the agent, but… Stamps v. Newton County Page 229 Susan G. Stamps brought suit for damages against Newton County, alleging that in August, 1908, her daughter, five years old, while crossing a public foot-bridge of the county, fell therefrom and was drowned, in consequence of the fact that one of the planks upon the bridge was not nailed, and tilted and threw the… Flemming v. Shockley Page 229 1. A surety upon a criminal recognizance who, in order to protect himself from a forfeiture of the bond and the liability consequent thereon, is forced to procure the issuance of a requisition and to expend money to compel the presence of the principal in accordance with his obligation, may recover of the principal on… Quinn v. First National Bank Page 235 The First National Bank of Fitzgerald sued Quinn on two notes which were payable to the order of the Citizens Bank of Fitzgerald, and the trial resulted in the court’s directing a verdict for the plaintiff.… Southern Railway Co. v. Granger Page 239 Granger sued the railway company to recover damages for the killing of a cow, and obtained a verdict.… Thomason v. Swift Fertilizer Works Page 240 The defendant’s plea failing to present any issuable defense, tlie demurrer thereto was properly sustained.… Taylor v. State Page 241 .1, 2. The first and second beadnotes arc self-explanatory.… (After stating the foregoing facts.) We think it would have been error to have nonsuited the plaintiff.… Prudential Insurance v. Chestnut Page 246 We see no error in the judgment overruling the demurrer of the insurance company.… 1. A motion was made to dismiss the writ of error, upon the ground that the bill of exceptions does not show who com*252posed the Beach Lumber Company (the plaintiff in error), which is alleged to be a copartnership, and that as the individuals composing the firm are not named, the writ of error should fail for the… Summerford v. Kinard Page 253 In the main bill of exceptions error is assigned upon the judgment overruling a motion for a new trial; an'd by a cross-bill error is assigned upon the refusal of the trial court to dismiss the motion for a new trial, for want of service.… Hartman Stock Farm v. Henley Page 255 The Hartman Stock Farm brought a suit upon a promissory note for $933, attaching to its petition a copy of the note.… Smith v. Berman Page 262 (After stating the foregoing facts.) • The conduct of the defendant relied upon by the plaintiff as constituting a trespass may be eondensedly stated as his acts in entering the house without warning and in the absence of the bankrupt, taking possession of the house and the household effects therein, and taking… The court erred in directing a verdict for the plaintiff.… Mrs. Ransom brought suit against the Georgia Southern & Florida Railway Company to recover damages for an.… Ledbetter v. Savannah Brewing Co. Page 282 1. This court can not review the action of the lower court in rejecting a tendered amendment, when it is not incorporated in a bill of exceptions or attached as an exhibit thereto, or otherwise made a part thereof.… Marks v. State Page 283 1. The right of certiorari is a constitutional right, and may be used to review any judgment of an inferior judicatory.… Taylor v. National Cash Register Co. Page 283 Under the ruling in Conder v. Eolleman, 71 Qa.… Allen v. State Page 284 1. Under the undisputed evidence, the error of the court in not limiting the jury to a consideration of sales by the defendant within the two years preceding the indictment was not harmful to the defendant, and therefore affords no ground for a new trial.… Hirsch v. Schofield's Sons Co. Page 284 1. The plaintiff proved his case as laid, and it was error to award a nonsuit.… Blosser Co. v. Doonan Page 285 1. The court erred in directing the jury to find the verdict in favor of the plaintiff, merely submitting to them the question of the amount of the recovery.… Under the peculiar circumstances of this case, the assumption of liability by tlie defendant being the leading point at issue, the court erred in refusing to grant a new trial upon the ground of newly discovered evidence.… Mumford v. Solomon Page 286 W. G. Solomon Jr. obtained a judgment in a justice’s court against W.… Smith v. Maddox-Rucker Banking Co. Page 288 Smith sued the bank for general damages resulting to him from the wrongful protest of two checks drawn by him on his bank account.… Brice & Co. v. Whitehurst & Hilliard Page 291 1. Where a judge passing on a motion for a new trial did not original^ try the ease, his discretion is not as broad' as it would be otherwise; but he still has discretion to grant a new trial, where the evidence preponderates against the verdict.… Tuggle v. Bank of Cave Spring Page 291 The Bank of Cave Spring brought suit against the administratrix of W.… Hansford v. National Bank Page 294 The plaintiff did not prove the allegations of his petition as laid, and the court did not err in granting a nonsuit.… Ford v. Atlantic Coast Line Railroad Page 295 Lizzie Ford brought suit against the Atlantic Coast Line Railroad Company, to recover damages for delay in delivering to her a trunk containing the wearing apparel of herself and of two infant children.… Smith v. State Page 297 The defendant was convicted of violating § 315 of the Penal Code of 1895, which provides: “If any person shall aid, or assist, or attempt to aid or assist, a prisoner to escape, so confined or imprisoned, he shall be guilty of a misdemeanor.” The expression, “so confined or iipprisoned,” refers to § 314 of the Penal… Atlanta Skirt Mfg. Co. v. Jacobs Page 299 The Atlanta Skirt Manufacturing Company sued Jacobs in a justice’s court on three promissory notes; and -by consent of all parties the cases were appealed to the superior court and consolidated.… Green v. Rhodes Page 301 In the court below the plaintiff in error filed an affidavit of illegality to the foreclosure of a chattel mortgage.… William Harrison Williams secured a policy of insurance with the Empire Life Insurance Company, dated August 5, 1905, and was given a receipt for the first annual premium oh the policy, which stipulated that the regular premium up to the 5th day of August, 1906, was paid.… Allen v. Lott-Lewis Co. Page 313 This was a contest for certain funds in the hands of the sheriff as the proceeds of a lot of lumber.… ON REHEARING. In the original opinion the judgment was affirmed as to the rulings on demurrer, but was reversed because the trial court erred in rejecting certain evidence offered by the defendant, tending to show that notwithstanding that it had failed to furnish cars in compliance with the plaintiff’s demand, under… McNeill v. Morgan Page 323 The defendants in error filed the following motion, which is verified by the record and amply supported by evidence, and not.… Heralds of Liberty v. Bowen Page 325 1. The method of service on fraternal beneficial associations, provided by the act of 1900 (Acts 1900, p.… Southern Railway Co. v. Ansley Page 325 F. H. Ansley sued the Southern Bailway Company for damages, and recovered a verdict for $11,000.… News Publishing Co. v. Lowe Page 333 This was an action for libel. The petition was demurred to, upon the grounds, among others, that two distinct causes of action were set forth in the same count,' and that the claim or complaint was not set forth in distinct and orderly paragraphs.… Pollard v. Southern Railway Co. Page 337 The allegations of the petition bring this ease squarely within the decisions of this court in Whitfield v. L.… Hollis, the plaintiff, was a cotton ginner, and the Farmers Union Warehouse Company was a cotton-warehouse corporation.… (After stating tlie case.) It is manifest, from the allegations of the petition, that the conductor would not have been injured or killed but for the concurrence of all three of the acts of negligence alleged.… 1. A merchant foreclosed in the county court a lien for supplies, against a farmer, and had the execution levied upon the defendant’s crops.… Boyd Lumber Co. v. Tyson Page 344 The errors of law assigned are entirely without merit, and the evidence demanded the verdict as directed.… Branch v. Battle Page 345 The evidence demanded the verdict as directed by the court, and any error of law was immaterial.… Bush v. Butler, Stevens & Co. Page 345 Butler, Stevens & Company brought suit' on an open account against J.… The only question made by the bill of exceptions is whether the following instrument is a valid bond, properly executed as a part of the petition for certiorari.… Harris v. Publishers Clearing House Page 350 The answer of the. magistrate to the writ of certiorari, which must be accepted as conclusive, eliminated any apparent error of law complained of in the petition for the writ, and clearly shows that the evidence fully supports the finding of tlie justice.… Dabbs v. Rome Railway & Light Co. Page 350 (After stating the foregoing facts.) The above is substantially the evidence for both sides.… McLin v. Harvey Page 360 concurring. I think the case is controlled by the spirit, rather than by the express letter of § 3192 of the Civil Code of 1895, which provides that, “In cases of joint or joint and several contracts, a new promise by one of the contractors operates only as against himself.” Cognate sections of the code, as wéll as of… Christian v. State Page 371 The defendant was indicted for violating section 667 of the Penal Code of 1895, which reads as follows: “If any person, by false representation of his solvency, shall induce another to become his bail, indorser or security, upon any instrument for the payment of money, or performance of any personal duty, knowing at… Collier v. State Page 371 1. The judgment overruling a plea of former jeopardy should be excepted to in the final bill of exceptions, or in exceptions pendente lite properly allowed and filed.… Lawrence v. State Page 373 The bill of exceptions was certified by the judge on June 17.… Bone v. State Page 373 1. It is not an abuse of discretion to refuse to grant a continuance upon the ground of the absence of a witness, where it appears that the absent witness was not subpoenaed, and that the applicant, by exercise of due diligence, could have had the witness subpoenaed.… Holliman v. State Page 373 The evidence amply supports the verdict. Judgment affirmed. Hunt v. State Page 374 Hunt was indicted for a violation of § 110 of the Penal Code, which is as follows: “Any person who forcibly, maliciously or fraudulently leads, takes or carries away, or decoys or entices away, any child under the age of eighteen years from its parent or guardian, or against his will, or without his consent, is guilty… Lowry v. State Page 379 1. In a prosecution for assault and battery, where the evidence shows that the beating was by “pushing and shoving,” it was not error to instruct the jury that “to beat is not necessarily to whip, to injure, or to hurt, but includes any unlawful imposition of the hands or arms.” 2.… Plummer v. State Page 379 It seems to be difficult for the courts to teach Plummer that the way of the transgressor is hard.… Hester v. State Page 380 Florence Hester was convicted of cheating and swindling the Fitzgerald Undertaking Company by representing to them that her husband had a policy in the sum of $100, “said policy being in thq district Grand Lodge No. 18, G.… Moulton v. State Page 380 No error of law appears. The evidence of guilt was weak and unsatisfactory, but there were some circumstances from which the jury might reasonably have inferred guilt, and these circumstances were not satisfactorily explained by the defendant.… Moulton v. State Page 380 The evidence for the State raises only a bare suspicion of the defendant’s guilt, and the evidence in behalf of the defendant removes that suspicion.… Brown v. State Page 382 1. The defendant was indicted for murder and convicted of voluntary manslaughter.… Wright v. State Page 382 The exceptions as to alleged errors of law are wholly without merit, and the verdict is supported by the evidence.… Welborn v. State Page 388 The exeerpt from the charge, objected to, when considered in connection with the context immediately preceding and following the exeerpt, is entirely without error.… Bryant v. State Page 389 The prosecutor ran a bicycle shop. ■ The defendant came in and stated that he wanted to hire a bicycle to ride to the railroad depot.… Thrasher v. Town of Center Page 391 Thrasher was tried by the mayor of the Town of Center,’ upon a verbal charge of “interfering with a convict or prisoner.” He was convicted, and thereupon appealed to the council of the town, where his appeal was dismissed on the ground that there was no ordinance of the town authorizing an appeal from the finding of… Hill v. State Page 394 No error of law is complained of, and the evidence amply supports the verdict.… Jones v. State Page 394 The evidence authorized the conviction. Judgment affi/rmed. McConnell v. State Page 394 McConnell was convicted of selling intoxicating liquors iü violation of the prohibition law.… Brown v. State Page 397 1. The proposition stated in the first headnote is fully sustained by Tucker v. State, 135 Ga.… McClendon v. State Page 398 1. An assignment of error, in a petition for certiorari, that “the verdict was without any evidence to support it and was contrary to law” is sufficiently specific to bring under review all the evidence set out’ in the petition, when the writ is not sanctioned, or, when sanctioned, as verified by the answer of the… 1. The capital stock of a corporation is a trust fund for the benefit of stockholders and creditors, and no officer of the corporation has authority to release any subscriber to the stock from payment of his subscription.… Shocklin v. State Page 399 1. The ground added by amendment to the motion for a new trial is not verified or approved, and will not be considered.… Southern Railway Co. v. Chunn Page 400 Tlie statutory presumption raised on proof of the killing of plaintiff’s mule by the running of defendant’s locomotive or cars was not fully and satisfactorily rebutted.… Castlen v. Marshburn Page 400 Castlen sued Marsbburn in the citjr court of La-Grange, for $209.28, the alleged value of 1,308 peách crates sold and shipped to the defendant by the plaintiff.… Colbert v. State Page 407 The evidence authorized the conviction of the.… Mize v. Mashburn Page 408 1. Young owed Mashburn an account for $13.20, and Mize agreed with both Mashburn and Young that he (Mize) would pay this debt to Mashburn, provided Young would work for Mize until he had earned a sufficient sum to pay the debt.… Power v. State Page 408 1. The evidence authorized the conviction, and the ruling is controlled by the decisions in Colbert v. State, supra, Griffin v. State, 2 Ga.… Hutchins v. State Page 409 The plaintiff in error relied upon a pauper’s affidavit to avoid the payment of the costs in this court.… Morrow Transfer Co. v. Robinson Page 409 1. Value, whether actual or as regulated by the market, is largely a matter of individual estimate or opinion, and liberality should be allowed in the introduction of testimony to prove value.… Swain v. State Page 410 The motion for a new trial in this case was overruled on July 4.… Jones v. State Page 411 An accusation was filed against W. E. Jones, in the city court of Albany, charging him with a violation of § 485 of the Penal Code, in the following language (omitting formal parts) : “The said defendant did, on the 11th day of June, 1910, in the county aforesaid [Dougherty county] unlawfully practice medicine and… Brown v. State Page 412 Where the accused was indicted on Monday, without any previous notice of the prosecution, and placed in jail on Tuesday, and the sheriff subpoenaed one Henry Milton, instead of Milton Milton, who was the witness desired bjr the defendant, and it was made to appear that the testimony of the absent witness was most… Lee v. State Page 413 Dr. Lee was convicted of violating the act of August 22, 1907 (Ga.… Blanchard v. State Page 419 Only tlie proposition stated in the second headnote seems to require any further statement.… Strickland v. State Page 421 The defendant was convicted of a misdemeanor, and excepts to tlie judgment overruling his motion for new- trial.… Blanchard v. State Page 421 This case is controlled hy Blanchard v. State, No. 2889, ante, 419.… Summerlin v. Spence & Meyer Page 424 1. In a contest between the holder of a fi.… Dickey v. Lott Page 425 1. Even if the court committed error in refusing to allow a plea that the debt sued for was not due by the defendant individually, but by a partnership of which he was a member, because the plea was dilatory and should have been filed at the first term, yet the error was entirely harmless, in view of the fact that the… Swift Manufacturing Co. v. Phillips Page 425 1. As illustrating the duty of the master to employ competent servants for the protection of fellow servants, the word “competent” .… Howard Piano Co. v. Brown Page 426 1. There was no error in overruling the motion to strike certain parts of the answer.… Pierce v. Southern Railway Co. Page 426 1. While the standard of care required of children is “due care” according to age and capacity, it is not reversible error, in a clear ease, for the court to instruct the jury, where the injured child was fifteen years old at the time of the injury, that if the child, by the exercise of “ordinary care,”'could have… Perry brought suit against the Georgia Southern & Florida Railway Company, alleging, that on September 8, 1909, he was approaching a street-crossing of the.… Southern Railway Co. v. Richey Page 427 The only reasonable inference from the evidence was that the plaintiff’s mule was killed by the running of the defendant’s locomotive and cars; and the presumption of negligence, raised thereby under section 2321 of the Civil Code of 1895, was not satisfactorily rebutted.… Maffett v. Rome Pants Factory Page 429 Tlie evidence demanded the verdict as directed, and any error of law was immaterial.… Webb v. State Page 430 The defendant was tried in the superior court of Johnson county, for the offense of murder, and convicted of voluntary manslaughter.… Fulton Bag & Cotton Mills v. Booze Page 430 Exceptions to the answer of the magistrate, “filed in writing, specifying the defects, and notice thereof given to the opposite part, before the case is called in its order for a hearing,” are filed in time; and where these requirements of the statute have been complied with, the judge of the superior court erred in… Cain v. Mayor of Cordele Page 433 Cain was convicted by the mayor and council of the City of Cordele of a violation of a city ordinance, in keeping and having on hand, for the purpose of illegally selling, dealing and bartering in the same, whisky, beer, malt, and other vinous liquors within the City of Cordele.… Prator v. State Page 436 Prator was indicted for assault with intent to murder, and convicted of shooting at another.… Fant v. State Page 438 The defendant was indicted for murder and convicted of voluntary manslaughter.… Hopkins & Co. v. Armour & Co. Page 442 Armour & Co. brought a suit against R. K.… Moses v. State Page 446 The defendant was convicted of the offense of hog-stealing.… Ricks v. State Page 449 The plaintiff in error was indicted for a violation of section 65S of the Penal Code of 1895, which is in the following language; “If any person, by false representation of his own respectability, wealth, or mercantile correspondence and con*450nections, shall obtain a credit, and thereby defraud any person of any… Patterson v. State Page 454 The defendant was indicted and convicted of the offense of misdemeanor.… Powell v. City of Atlanta Page 454 The petitioner not having made and' filed the affidavit required by law, the judge did not err in refusing to sanction the petition for certiorari and in denying the writ.… Walker v. State Page 456 The defendant was indicted for assault with intent to murder, and was convicted of the offense of shooting at another.… Smith v. State Page 458 (After stating the foregoing facts.) We can not say from a juridic standpoint that the foregoing evidence is not sufficient to suppori the verdict.… Crosby v. Potts Page 463 On September 1, 1910, during a term of the city court of Sylvester,, the judge ordered from the bench that the plaintiff in error, Crosby, who had been subpoenaed as a witness for the State in a criminal case pending before the court, should be held for that purpose by the sheriff, and that he be committed to jail for… Daniels v. State Page 469 1. Under section 114 of the Penal Code of 1895, as amended by the act of 1907 (Acts 1907, p.… Holland v. State Page 470 The court did not err in overruling the certiorari.… Shepard v. State Page 471 No error of law appears, and the verdict is supported hy the evidence.… Carter v. State Page 471 The first headnote is quoted from the code; the third is but a restatement of a proposition so well settled as to *472deserve no present elaboration.… Williams v. State Page 471 No error of law is complained of, and the evidence supports the verdict.… Smith v. State Page 472 1. In a prosecution under the Penal Code of 1895, § 438, for carrying liquor to a church, an-instruction to the jury to the effect that if the defendant carried the liquor to a place “in such immediate proximity to the church mentioned in the indictment as to make it readily *473accessible to such persons as bad… Hilliard v. State Page 472 In this case the certificate of the judge to the bill of “exceptions is dated September 24, 1910, and the time of filing in-the clerk’s office was October 12, 1910.… Varner v. State Page 473 The plaintiffs in error were convicted of the offense of gaming, and their bills of exceptions raise only the question whether the verdict is contrary to law because without any evidence to support it.… Roberts v. State Page 476 The State’s witness approached the defendant and told him that he wanted a quart of liquor.… Fallon v. State Page 476 At the October term, 1908, of this court, the case of Fallon v. State, a felony from the superior court of Chatham county, was filed, docketed, heard, and decided.… Miliken v. State Page 478 Riley Miliken was indicted for murder — tlie homicide of John Tyre — and was convicted of voluntary manslaughter.… This case involves only questions as to the constitutionality of what is known' as the “headlight act” of 1908.… Latty v. Rylee Page 478 The assignments of error as to excerpts from the charge of the court to the jury, when considered in connection with the context and the entire charge and the issues of fact as raised by the pleadings and the evidence, are without merit.… Jay v. Sweatt Page 481 Sweatt sued Jay for the recovery of $200 which he had paid on the purchase price of certain land bought from Sweatt under a parol executory saie, under which Sweatt had been admitted into possession, and for $30 paid out for the making of *482certain improvements contracted for by Jay and carried forth by Sweatt after… (After stating the foregoing facts.) 1. .… Patterson v. Bank of Lenox Page 492 (After stating the foregoing facts.) 1. The learned judge of the trial court rejected the evidence of the defendant Mrs. Patterson as set out in the first special assignment of error in her motion for a new trial, on the ground that she was not a competent witness to testify in support of the allegation Of her plea… (After stating the case.) The general demurrer was based on the ground that the allegations of the petition, considered as a whole, made the action one for slander, and as the petition did not contain any allegation that the defendant corporation expressly ordered and directed the officer to use the very words which… Thompson v. Jacobs Page 499 Mrs. Sarah J. Jacobs, through her agent, T.… Tlie plaintiffs in error instituted a bail trover proceeding against the defendant in error.… Georgia Supply Co. v. Coffee Page 502 1. The plea as amended set up facts that, if proved,, entitled tile defendants to a rescission of the contract, and the court did not err in overruling the demurrer filed thereto.… Stamps & Co. v. Fruit Dispatch Co. Page 503 (After stating the foregoing facts.) 1. It may be conceded that the testimony as to the order given by the plaintiff to the defendants over the telephone from Atlanta to Rome was, strictly speaking, hearsay, but certainly it is not of “the rankest kind of hearsay evidence,” as contended by the learned counsel for the… Whigham v. Hall & Co. Page 509 (After stating the foregoing facts.) 1. The plea of partial failure of consideration set up facts which, if proved, would constitute a good defense as to the mule which the plea alleged was unsound and suffering from pneumonia at the date of the sale, and had died before the maturity of the note.… Butler, Stevens & Co. v. Barnes Page 513 1. Where the maker of a negotiable promissory note pays it to the original payee without requiring the production and surrender of the note, he is liable to pay it again to an innocent holder who acquired title to it in good faith and for value before maturity, unless the payee was the holder’s general agent for the… Western Union Telegraph Co. v. Ford Page 514 (After stating the foregoing facts.) The writ of error challenges, on two grounds, the correctness of the judgment overruling the demurrer.… Cook v. State Page 522 Cook was convicted of embezzlement, under the following indictment (omitting the formal parts): “Being then and there in the employ of ‘State Council of Georgia, Junior Order of United American Mechanics’, a corporation and corporate body under the laws of Georgia, as financial secretary of said corporation, he, the… Gentry v. State Page 529 No material error of law appears, and while the evidence relied.… Rahilly v. Mayor of Savannah Page 530 This is a complaint by certiorari of the judgment of the recorder’s court of Savannah, deciding that the plaintiff in certiorari was guilty of disorderly conduct in striking a police officer in the face for the alleged use of opprobrious words.… Jenkins v. State Page 530 While the evidence was not entirely satisfactory, there was some evidence to support the verdict, which was approved by the trial judge.… Alexander v. State Page 531 1. Where the accused was on trial for murder, and the evidence for the State would have authorized a verdict either for murder or for voluntary manslaughter, and the evidence for the accused and his statement to the jury would have authorized an acquittal on the ground of self-defense, it was the duty of the court to… Hall v. State Page 532 There is no evidence to. support the verdict, and it must be set aside as contrary to law.… Thomas v. State Page 532 No error of law is complained of, and the evidence supports the verdict.… Hall v. State Page 533 There was no abuse of discretion in overruling the motion for a continuance.… Boyd v. City of Atlanta Page 533 .1. The ordinance of the City of Atlanta known as the “traveling blind-tiger ordinance,” and section 1537 of the city code, make two separate and distinct municipal offenses.… Cummings v. State Page 534 The defendant was charged with a violation of § 418 of the Penal Code of 1895, which reads as follows: “Any person who shall, by cursing or using profane or obscene language, or by being intoxicated, or otherwise indecently acting, interrupt, or m any manner disturb, a congregation of persons lawfully assembled for… Simpson v. Mayor of Macon Page 535 1. On the trial of one by the recorder of the city of Macon, charged with a violation of an ordinance of the city, evidence that the offense was committed at “Mr. Chapman’s store on Hazel and Jackson streets,” without any further proof that the designated store was in the city of Macon, or that-tile streets mentioned… Wilcox v. State Page 536 1. The plaintiff íd error was convicted of selling intoxicating liquor.… Fort v. State Page 538 The evidence amply supports the verdict. The state of the evidence was not such as to demand a charge upon the law of confessions or of impeachment of witnesses, in the absence of request.… Coney v. State Page 538 All the assignments of error having been abandoned except the general one that the verdict was without any evidence to support it, and the evidence being ample to support the verdict, the judgment is Affirmed. Perkins v. State Page 538 The evidence supports the verdict. No error of law is com-' plained of.… Brantley v. State Page 538 No error appears, and the verdict is fully supported by the evidence.… Sheehan v. City Council Page 539 The plaintiff in error was convicted in the police court of the City of Augusta.… Swift v. Oglesby & Smith Page 540 Oglesby' & Smith, suing for the use of the Mell Plumbing Company, to whom the account had been transferred, brought an action in the city court of Atlanta against Mrs. Swift for the recovery of the price of labor and material furnished for some plumbing work done in a building on Peachtree street, against which a lien… Miller v. State Page 540 In a prosecution for illegal sale of intoxicating liquors, where only one sale was proved, it was improper for the solicitor-general, in concluding the argument, to refer to the defendant as “this notorious character, this notorious blind tiger;” and on objection made to such language by the defendant’s counsel, it… McNaughton v. Stephens Page 545 Mrs. Stephens swore out a distress warrant against Dr. W.… Simmons v. Peagler Page 549 The court did not err in refusing to allow the default to be opened, under the circumstances.… Paulk v. Mims Page 549 This case is an action by the vendor in an executory sale, against the vendee, the suit being based on the purchase-money notes.… Stovall v. Kelley Bros. Page 550 1. As to the point that the city court of Atlanta was without jurisdiction: petitioner claimed over $100; and, primarily, this made a case within the jurisdiction of the court.… Kelly v. Young Page 551 1. The fact that an attorney or party interested in the ease wrote the answer of the magistrate to a writ of certiorari affords ground for an exception to the answer, but not for a motion to dismiss the certiorari.… Holman v. Brown Page 551 1. The evidence authorized the verdict.- 2.… Burruss-Manley Co. v. Lewis Page 552 1. It is not valid ground for the dismissal of a petition for certiorari that one of the attorneys in the case wrote the answer of the magistrate, though this would he ground for exception to the answer.… Southern Railway Co. v. Neal Page 552 Viewed from the standpoint of a cold record, the evidence does geem to preponderate against the verdict.… Davis v. Searle Page 553 1. The verdict, of-the jury settles all issues of fact; and there is some evidence to sustain it.… Singer Sewing Machine Co. v. Rachell Page 553 The Singer Sewing Machine Company, through one of its agents, caused an attachment for purchase-money to be *554issued against Ida Racliell for the purchase-price of a certain se'wing machine.… Burch v. Schulz Co. Page 555 The Schulz Company sued Burch upon a number of promissory notes, and also upon an open account.… Gurr v. Western Union Telegraph Co. Page 556 The special damages claimed were, under the allegations of the petition, so contingent in character as not to be recoverable; but as the alleged tortious breach of duty made the defendant liable to the plaintiff for nominal damages, and as there was a distinct prayer for this recovery, as well as for a recovery of the… Sayre & Co. v. Bailey Page 557 Tlie plaintiffs having failed to prove their case as laid, non-suit was the proper result of the trial.… Talmadge’s Sons & Co. brought suit against Marks & Powell for the purchase price of a shipment of rice.… Duncan & Co. v. Hollberg Page 557 Though the evidence seems to preponderate against the verdict, this court is unable to say as a matter of law that there is not some evidence to support it, and that the trial judge abused his discretion in overruling the motion for new trial.… Forbes v. Davis Page 560 This case, which was an action at law, was.… Schachter v. Tuggle Co. Page 561 Even where there is no provision for the subletting of the premises, a substitution of tenants does not necessarily take place merely because the landlord receives the payment of the rent from an under-tenant to whom the original tenant has subleased the property.… Cable Co. v. Hunt Page 562 The action was brought against two defendants as joint tort-feasors.… Whidden v. Merry Page 564 There are two grounds upon which this writ of error must he dismissed.… Ridgway v. Bryant Page 564 1. “A contract establishing the relation of landlord and tenant for one year, though made before the year begins, may be in parol.” Steininger v. Williams, 63 Ga.… Mobley, Ward & Davis v. Pendergrast Page 565 1. The counter-claim in favor of the defendant which will relieve a plaintiff’s demand from the bar of the statute of limitations must be one dependent upon a demand based on the extension of credit by such debtor to the creditor whose claim is sued on.… Buchanan v. Echols & Nix Page 565 Whether a particular clerk or other employee is a laborer within the terms of section 4732 of the Civil Code of 1895 is generally a-question of fact, dependent upon whether his duties are mainly physical or mental.… Ashburn v. Watson Page 566 Mrs. Ashburn, as the executrix.of the estate of W.… Handley v. McKee Page 570 (After stating the foregoing facts:) 1. It is expressly provided by the code that the plaintiff “may dismiss his case at any time, either in term or vacation, so that he does not thereby prejudice any right of the defendant.… Savannah Electric Co. v. Walsh Page 574 The evidence authorized the verdict. The charge of the court is not subject to the exceptions alleged against it.… Green v. State Page 574 The case hinged on the identity of a hog, white and black spotted, which the defendant insisted was his, and' the evidence seems to us to preponderate in his favor.… Shealey & Brother v. Melton Page 575 Melton sued out a distress warrant to recover the market value of fourteen bales of cotton alleged to be due him as rent for a certain plantation in Macon county, being seven bales for each of the years 1907 and 1908.… Venable v. City of Atlanta Page 575 Though the conduct of the prosecutor and his occupation of detective were such as to throw doubt upon his statements, nevertheless his testimony was competent, and sufficient to authorize the defendant’s conviction in the recorder’s-court; and as the only assignment o'f error insisted upon here is that the evidence… Hentz & Co. v. Booz Page 577 Henry Hentz & Co. sued T. H. Booz Jr., in the city court of Floyd county, upon' a note for $952.16, which he obligated himself to pay for value received.… Williams v. State Page 583 1. There was no error in overruling the demurrer to the indictment.… Williams v. State Page 583 The defendant filed a plea of former jeopardy, and to this there was a traverse.… Dawson v. English Page 585 The headnote states sufficient of the facts.… Citizens & Southern Bank v. Mixon Page 586 A State bank being in the hands of a receiver and being desirous of terminating the receivership and of continuing business, formed a plan of reorganization, by which the stockholders were to pay in an additional sum, it being contemplated that the bank would be ultimately converted into a national bank.… Kitchens v. Ryner Page 587 Where the payee of an illegally or fraudulently acquired negotiable promissory note, based on no consideration, transfers it to a bona fide purchaser for value, whereby the maker is subjected to liability in a suit brought by the transferee as innocent holder, the rendition of the judgment in favor of the transferee… Moss & Co. v. Sell Page 588 R. L. Moss & Company brought suit against Sell, alleging, in substance, that they bought fifty bales of cotton from him; that he delivered the cotton to the Gainesville Midland Railway, taking a bill of lading therefor, which he attached to a draft on Moss & Co. for the price of the cotton, and deposited the draft… Thornton & Warren v. Cordell Page 588 1. The grounds of the amendment to the motion for new trial, not being formally approved by the presiding judge, can not be considered.… Bennett v. Hazlehurst Mercantile Co. Page 591 1. A party may voluntarily write off a portion of a verdict and judgment rendered in his favor, at any time prior to the judgment upon a pending motion for a new trial, without in any wise prejudicing the rights of the opposite party.… Wall v. Bashinski Bros. Page 592 Wall sued Bashinski Brothers for damages claimed by him as consequent upon their ■ breach of a contract for the purchase of 100 bales of cotton.… Rosenfield Co. v. High Co. Page 596 The petition for certiorari failed to give the date upon which the trial in the justice’s court was held and the judgment rendered of which complaint was made.… Huey v. City of Atlanta Page 597 (After stating the foregoing facts.) 1. The first contention of the defendant is that, being a city, it is not liable for damages ensuing through the negligence of its employees in the operation of its system of water-works.… Lesser v. Gray Page 605 (After stating the foregoing facts.) Under the view entertained by this court of the third ground of the demurrer, it will be unnecessary +o consider the other two.… Lesser v. Gray Page 605 (After stating the foregoing facts.) Under the view entertained by this court of the third ground of the demurrer, it will be unnecessary +o consider the other two.… Evans v. Barrett Page 612 The plaintiff in error, having proved, that the property levied upon had been exempted and was included .in a “pony” homestead set apart to her under the provisions of section 2866 of the Civil Code of 1895, was primarily and prima facie entitled to the exemption; and there being no evidence that she was not the head… McCall v. Hunter, Pearce & Battey Page 612 The only question in this case is whether the evidence in behalf of the plaintiff authorizes the inference that the cotton sold by' him was sold for cash, or whether the transaction was one involving the features of a sale upon credit.… Beard v. Georgian Manufacturing Co. Page 618 The case comes up on the sustaining of a general demurrer to the plaintiff’s petition.… Browning v. Aragon Mills Page 624 The evidence fox the plaintiff was sufficient to require sub-.… Crouch & Son v. Spooner Page 626 1. “Where the error alleged is in the granting or denying of a new trial, one assignment of error is sufficient to reach all the grounds of the motion on which the grant or refusal was based.” Rule 8 of the Court of Appeals, 1 Ga.… Haines v. State Page 627 The defendant was indicted for a violation of the act of 1905 prohibiting drunkenness or intoxication in certain public places, and also within the curtilage of any private residence not in the exclusive possession of the person so intoxicated (Acts 1905, p.… Copeland v. Montgomery Page 633 Montgomery had sold Copeland certain machinery for the price of $500.… Phillips v. Riser Page 634 E. E. Riser brought suit in the city court of Tifton against P.… Stephens v. Woodson Page 639 In accordance with provisions of the Civil Code of 1895, § 4517, George Woodson made an affidavit and moved that a bond which had been given by the plaintiff, M.… Shealey v. Livingston Page 642 1. The court did not err in overruling the exceptions to the answer of the justice of the peace.… The Edward K. Tryon Company brought suit upon an account, against the Hutchinson Lumber and Supply Company.… Southern Railway Co. v. Morrison Page 647 1. The petition alleged that the plaintiff delivered to the Southern Kailway Company, at Dames Ferry, three bales of cotton to be shipped to Macon, Ga., and that the defendant had converted it; As the petition nowhere discloses on its face that the cotton was delivered to the railroad company in Monroe county, or that… 1. The point is máde that the brief of evidence is full of irrelevant and unnecessary matter.… Williams & Meadows v. Johnson Page 651 Johnson sued Williams & Meadows for breach of a contract of employment he made with them as woodsman on a turpentine farm.… City of Rome v. Kinnebrew Page 653 The evidence amply authorized the jury to And that the defendant’s negligence was the proximate cause of the plaintiff’s injury; and the charge of the court, in the absence of written request for further instructions, presented the issues with requisite fullness.… Southern Railway Co. v. Johnson Page 654 The plaintiff, a woman who lived at Plainville, a small station on the defendant’s line of railroad, not a great distance from Rome, went to that city to do some shopping.… The Sylvania & Girard Railroad Company sued the Sylvania Lumber Compay for what is called in railroad circles a “per diefti charge,” that is, rental charged by the railroad company for the use by the lumber company of ears turned over by the one to the other for loading.… The Sylvania & Girard Railroad Company sued the Sylvania Lumber Compay for what is called in railroad circles a “per diefti charge,” that is, rental charged by the railroad company for the use by the lumber company of ears turned over by the one to the other for loading.… Harvey v. State Page 660 1. Proof of a confession, when corroborated alone by evidence of the corpus delicti, will authorize a.… The Blackshear Manufacturing Company sued Stone upon a promissory note for about $3,500, less certain credits which reduced the amount due to some $3,000.… Patterson v. Piedmont Candy Co. Page 664 This case arose out of the levy of a justice’s court fi.… Dunham v. State Page 668 1. The trial judge having previously called' the attention of the jury, during the course of the trial, to the fact that the wife was not a competent witness in the case then pending, and could not testify in behalf of her husband, and having instructed the jury that the fact that the defendant did not offer his wife… Hill v. Butler, Stevens & Co. Page 669 Hill brought an action of trover against Butler, Stevens & Co., for the recovery of the value of three bales of Sea Island Cotton.… Billings v. State Page 672 1. The intent or motive of a witness is a legitimate subject of inquiry, and the' fact that a witness, in his connection with any pending litigation, is influenced by financial considerations may affect his credit and diminish the weight of his testimony.… Hatcher v. State Page 673 The defendant was convicted of violating the general prohibition law.… Renfroe v. State Page 676 1. Though the defendant’s motion for a continuance might properly have heen granted, in view 'of the fact that the indictment had been returned two days prior to the trial, the court’s refusal to continue the case was not injurious to him; because it appears from the record that the witnesses whose presence he desired… Tlie Bainbridge Grocery Company brought suit against the Atlantic Coast Line Railroad Company for the value of certain merchandise which was contained in a railroad car, and which was burned on a side-track adjacent to the grocery company’s place of business and connected with the railroad company’s line of railway.… Smith v. State Page 680 1. The accused was indicted for murder and convicted of voluntary manslaughter.… Illinois Life Insurance v. Connell Page 683 This writ of error is brought because the court below overruled a demurrer to the petition.… Hutchinson v. State Page 684 The defendant was found guilty of being intoxi-cated on a public highway, under the provisions of the act of 1905 (Acts 1905, p.… Connor v. State Page 688 The defendant in the court below was convicted of violation of section 669 of the Penal Code of 1895, which declares that “any person who shall, in the sale or disposing of any property, either real or personal, defraud another by falsely representing that such property is not subject to any lien, knowing the same to… Groves v. State Page 690 1.- Though there was no direct evidence that the defendant directed or authorized the sales of the intoxicants, which were proved to have been made by his employees, the circumstantial evidence to that effect is sufficient to exclude any other reasonable supposition.… Brown v. State Page 691 1. The first headnote states enough of the accusation to disclose the point made and decided therein.… Watts v. State Page 694 The only point that we care to make clearer is the one-mentioned in the second headnote.… Rivers v. State Page 694 In a criminal case, where the accused has exercised his statutory right to make a statement and the statement is contradictory of the testimony of the State’s witness, it is the duty of the trial judge, even in the absence of written request, to instruct the jury that they have the right to believe' the' statement in… Moore v. State Page 695 On a prosecution for a violation of the act of 1903 (Acts 1903, p.… Gillis v. State Page 696 1. Gillis ivas indicted for murder. There was ample testimony to have authorized his conviction of that offense.… Brown v. State Page 700 The evidence, though extremely weak, is not so wholly insufficient to support the verdict as to authorize this court to grant a new trial.… Andrews v. State Page 700 The accused was convicted of a violation of section 511 of the Penal Code of 1895, as amended by the act of 1905 (Acts 1905, p.… Rivers v. State Page 703 1. The evidence authorized the conviction.… Fulmore v. State Page 703 The two defendants were charged with hog-stealing.… Paulk v. State Page 704 1. The controlling issue in this case, under the evidence, is whether the defendant intended to steal the hog, or only to kill it.… Hawkins v. State Page 705 1. While it is not a crime in this State to point a pistol at another unintentionally, still the intention may be inferred from the circumstances surrounding the pointing.… Connor v. Cochran Page 706 The evidence demanded a' recovery in the plaintiff’s favor; the verdict was for the defendant; hence the court erred in not granting a new trial.… The Atlanta Wood & Iron Novelty Works, a partnership, brought suit upon an account against W.… Courson v. Hamilton Page 709 In pursuance of an attachment for purchase-money, A.… Davis v. State Page 711 The defendant filed a motion for new trial.… Bailey v. Dunaway Page 713 1. A l-mdloTcl is not liable for damages resulting from the creation or maintenance of a nuisance by his tenant.… Holland v. Mutual Fertilizer Co. Page 714 The Mutual Fertilizer Company filed suit in the city court of Statesboro against M.… Holliman v. Washington County Page 718 This was a suit against a county to recover damages for personal injuries received by the plaintiff on account of *719his having been hurt by reason of a defective public bridge.… 1. The case comes to this court on exception to the overruling of demurrers to the petition.… Cantrell v. State Page 725 The defendant was convicted in the county court of Henry county of the offense of keeping intoxicating liquor at his place of business, and sued out writ of certiorari to the superior court.… This action was brought to recover the purchase price of a lot of flour.… Dobbs v. State Page 731 (After stating the foregoing facts.) This case comes before this court wrapt in the solitude of its own originality.… Cole v. Jones Page 737 We deem it unnecessary to discuss the exceptions alleging that section 4760 of the Civil Code of 1895 is unconstitutional, or the assignment that the evidence shows that the road was more than fifteen feet wide, or that the road had been changed within seven years.… Paulk v. Creech Page 738 Creech brought complaint on two notes against J., J.… Loh v. Mayor of Macon Page 744 Loh, the plaintiff in error, was found guilty of violating an ordinance of the City of Macon which imposes a tax *745of $1,000 upon agents, traveling salesmen, local persons, firms, or corporations taking orders in the City of Macon for the sale of “near beer,’’ and providing a penalty for violation of the same.… Hall v. State Page 747 The indictment charged that the accused, in the county of the prosecution, “did sell and barter, for a valuable consideration, directly and indirectly, and did give away, to induce trade, at his place of business, and did keep and furnish at public places, and manufacture, and did keep on hand at his place of… Swint v. State Page 753 1. The prosecution was instituted on account of the failure of the accused to give the bond required of him for the support of a bastard child, alleged to be his.… Donovan v. Hogan Page 754 Hogan was indebted to Mrs. Donovan on a promissory note.… Dent v. State Page 757 1. The evidence authorized the verdict. 2.… Clark v. State Page 757 1. The defendant was accused of the illegal sale of intoxicating liquor.… Eunice v. State Page 757 This court will not reverse the action of a judge of a superior court in refusing to sanction a certiorari in a criminal case from a county court, where it does not appear from the record that the accused has given the supersedeas bond required in such cases, or made the pauper affidavit allowed by law as a substitute… Ivey v. Payne Page 760 1. Where a suit on a promissory note, or a series of promissory notes, is filed', and the petition recites the giving of the statutory notice for the collection of attorney’s fees, and the case is in default, the judge may, without further proof than the admission implied from the failure of the defendant to answer… Chapman v. Mayor of Macon Page 761 1. The evidence authorized the conviction.… Troup v. State Page 761 1. Counsel for the accused insists that the verdict is a comprwnise; that under the State’s case the homicide was an unmitigated murder, and that under the defendant’s statement it was justfiable.… Lightsey v. Lee Page 762 The plaintiff sought to recover the value of two bales of cotton alleged to have been stored in the warehouse of J.… McLeod v. Travelers Insurance Page 765 1. The exceptions to the award of a nonsuit, and to the refusal of the judge to admit certain evidence which the plaintiff offered, while separately presented, really go to the same point, and as we see it, the decision of the case is controlled by the ruling of the Supreme Court in Fidelity & Casualty Co. v. Gate… Smith v. Ice Delivery Co. Page 767 The Ice Delivery Company filed a petition against Julian Smith, alleging that the defendant was indebted to it in the sum of $694.65, with interest, “as is shown by an instrument, being an acknowledgment of said debt and a bill of sale to secure said indebtedness, executed by the said defendant, .… Howe v. Bernheim Distilling Co. Page 771 The court did not err in striking the plea, because the action was proceeding ex contractu, and the defendant attempted to set off a.… 1. The Gress Manufacturing Company obtained an injunction against Lockett & Williams as codefendants with one Bell, enjoining them from eutting timber upon certain lands which Lockett & Williams had purchased from Bell.… The petition alleges substantially the following state of facts: The plaintiff was driving an automobile on one of the streets of Savannah, and came to a place where the railroad company’s tracks cross the street on an embankment several feet higher than the usual street level, so that the approaches to the crossing… Smith v. Hodges Page 785 1. The evidence is such as to sustain the verdict.… The evidence preponderates in favor of the verdict.… Moore v. Macon Railway & Light Co. Page 786 The ease was tried before a jury in a justice’s court, and brought to the superior court on certiorari.… This is a hard case, and there is always a danger that hard eases will tempt judges into making decisions contrary to the law; and personally we regret that we have to give this ease the end the law compels us to give it.… Chappell v. Western Railway Page 787 The petition set up two distinct causes of action.… Broussard v. Brandenberg Page 795 The point involved in this case is whether the judge of the superior court erred in dismissing an appeal.… Branch v. Mallory Page 797 A party plaintiff in error is essential to the prosecution of a writ of error, and where no one is named or otherwise disclosed by the bill of exceptions as plaintiff in error, the writ, of error will be dismissed.… Leverette v. Jeffries Page 798 1. Leverette sued out a distress warrant to recover the value of 2,000 pounds of lint cotton which he claimed that Jeffries owed him upon a rent note.… McIntire v. Garmany Page 802 1, The right oi creditors to subject to the payment of their judgments the surplus realized trom a sale under a security deed is superior to the claim of a transferee of the bond to reconvey whose interest was acquired subsequently to the date of the judgments.… Gay v. Gay Page 804 We think the judge erred in directing a verdict in favor of the plaintiff, though the evidence is in the main harmonious.… Johnstone v. Etowah Milling Co. Page 807 The partnership of W. E. & C. E. Johnstone sued the Etowah Milling Company for the balance claimed to be due on a promissory note for about $1200,.… Dalton Grocery Co. v. Blanton Page 809 Blanton was a stockholder in the Dalton Grocery Company and owned five shares of its stock, of the par value of $100 each.… Lucas v. Castelow Page 812 Lucas foreclosed a mortgage which had been made to him by Castelow.… Wilson v. State Page 816 1. Where the charge of the court is argumentative and so strongly states the contentions of one of the parties as to weaken and disparage those of the opposite party, and thus is liable to impress the jury that the court is of the opinion that the defendant is guilty, a new trial should be granted.… The Central of Georgia Railway Company brought suit to recover from E.… Maddox v. City of Eatonton Page 817 1. The accusation was sufficient in form and substance, and not subject to the demurrers offered against it.… Smith v. Southern Railway Co. Page 822 1. The court erred in sustaining the general demurrer.… Foreman v. Pelham Page 822 1. This was a proceeding to eject an intruder, under the Civil Code of 1895, §§ 4808 et seq.… Sasser v. Byrd Page 824 This was a claim case in which the court directed a verdict for the claimant, because the plaintiff in fi.… Hart v. Gordon Page 825 Suit was brought in a justice's court upon an open account for $72.62, and garnishment was sued out.… 1. Where a railroad company builds and. undertakes to keep in repair a bridge over, or an approach to, a private crossing which is generally used by the public with the knowledge of the company, this constitutes an invitation to the public to use the bridge and approach, and renders the railroad company liable for… Evans v. Lane Page 826 Mrs. M. J. Lane sued out a writ of habeas corpus against J.… Manning v. Crawford Page 835 Manning brought a writ of habeas corpus against Mr. and Mrs. J.… Johnson v. Mayor of Hazlehurst Page 841 1. The judge of the superior court did not err in refusing to sanction the petition for certiorari.… Chatman v. State Page 842 1. The defendant was convicted of the offense of adultery and fornication, and she excepts to the judgment overruling her motion for new trial.… Key v. State Page 849 1. The evidence fully authorized the verdict.… Jones v. State Page 849 The only issue in the case made by the evidence and the statement of the accused was as to whether the latter, in the sale of the whisky, acted solely as agent for the buyer, or was himself the seller or in some way beneficially interested in the illegal transaction; and the law *850applicable to the question has been… Mims v. Johnson Page 850 1. Where both parties to a cause consent that the court direct a verdict, though each moves that it be directed in his own favor, neither party can complain that the court erred in directing a verdict, though the losing party may except upon the ground that the verdict directed is erroneous.… Roth v. Donnelly Grocery Co. Page 851 1. A promissory note payable to order, but with a blank for the name of the payee, is valid, and any bona fide holder may,fill the blank with his own name as payee.… Cohen v. City of Atlanta Page 851 1. The fact that one has been convicted of violating an ordinance forbidding the keeping open of doors on the Sabbath day, for the purpose of trade and traffic is no bar to a prosecution for violating an ordinance against doing a “near beer” business without a license.… Thomason v. Keeney Page 852 Keeney brought suit against Thomason as principal and the iEtna Indemnity Company as surety, on a contractor’s bond, seeking to recover for the default of the contractor in building a house.… Peek v. City of Atlanta Page 852 1. There was no error in overruling the certiorari.… Southern Life Insurance v. Hill Page 857 Allen Hill sued the Southern Life Insurance Company on four certificates or policies on the life of his mother, Pauline A.… People and organizations on PlainSite with a photograph on file, alphabetically. A
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