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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-lexis › Volume 1910 Opinions in ga-app-lexis, volume 1910
(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.… Touchstone v. State Page 3 There is no complaint of any error of law either in.… The decision in this case is controlled by the answer of the' Supreme Court to the certified question (134 Ga.… The Mercantile Claim Company, as transferee, sued the Central of Georgia Kailway Company for the value of 18 boxes of cigars lost in transit.… Tygart v. Sutton Page 6 The plaintiffs sued for damages resulting from an alleged breach of contract.… Thompson v. Kelsey Page 7 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… 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.… Huff v. Whitner, Manry & Co. Page 9 This was an appeal from a confession of judgment in a justice’s court.… Richardson v. State Page 10 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 11 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 12 The defendant in the court below was convicted of the offense of misdemeanor.… Bailey v. State Page 13 Bailey was convicted in the criminal court of Atlanta of carrying a pistol concealed.… Belcher v. Massey Bros. Page 14 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 15 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 18 Mrs. Stephens caused a distress warrant to be issued against McNaughton.… Forbes Piano Co. v. Hixon Page 20 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 21 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 23 T. L. Langston & Co. brought suit against the R.C.… Eaves v. Field & Son Page 24 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 25 The Gray Lumber Company brought trespass against Harris et al.… Hill v. State Page 26 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… Haley v. Vandiver Page 27 This was a suit in a justice’s court, on a promissory note, against the maker by the holder, who was not the payee.… Ashley v. Reynolds Page 28 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.… 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 32 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 34 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 35 1. The bailee, as a general rule, can not deny the title of his bailor; and.… Cunningham v. Strom Page 36 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 37 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… Lowe Co. v. Cundell Lumber Co. Page 38 No error of law is complained of, and no question of law is made by the record.… Butler v. Lazenby Page 39 1. Lazenby sued out a possessory warrant against Butler, his cropper, to recover possession of a bale of cotton.… Allen v. State Page 41 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.… 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… 1. The city court of Quitman has jurisdiction to try warrants to eject intruders.… Tipton v. State Page 44 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 45 1. The court did not err in overruling the objection to the juror who was challenged on account of relationship.… Harker v. State Page 46 1. There was no error in overruling the demurrer.… Thomas v. State Page 47 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 48 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.… Kemp v. State Page 49 The incriminating circumstances raise a-grave suspicion of the defendant’s guilt, but are consistent with his innocence.… Loeb v. City of Atlanta Page 50 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.… Kennedy v. Mayor of Savannah Page 51 1. Only such substantial compliance with the provisions of the act of 1899 (Acts 1899, p.… Graves v. Hunnicutt Page 52 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 53 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 54 We think that the court properly dismissed the motion for a new trial in this case.… Dodd v. State Page 55 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 56 The defendant in the court below was convicted of the offense of burglary.… Smith v. Swint Page 57 This was a suit on promissory notes; defense, partial failure of consideration; verdict for the plaintiff.… Southern Railway Co. v. Stearns Page 58 This was a suit against the railroad company to recover damages for injuries to a horse.… Burse v. State Page 59 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.… Moore v. State Page 60 The evidence was insufficient to authorize the conviction of the defendant, and a new trial should have been granted.… 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 62 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.… Head v. State Page 64 The criticisms made as to excerpts from the charge, when considered in connection wdth the entire charge, are without substantial merit.… Spurgeon v. State Page 65 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.… Burden v. State Page 66 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 67 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 68 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 69 The defendant was convicted of cheating and swindling.… Hopkins v. State Page 70 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 71 1. There /was no error in refusing to continue the case.… McKenzie v. State Page 72 1. The assignments of error are without merit.… Cunningham v. State Page 73 The points presented in the certiorari are without merit.… Edge v. State Page 74 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.… Cleckley v. Ransom Page 75 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 76 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.… ■ 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 80 1. Under the instructions of the Supreme Court in response to the certified questions (134 Ga.… Cassidy v. Mayor of Macon Page 81 1. This case is controlled by Loeb v. Jennings, 133 Ga.… Cassidy v. Mayor of Macon Page 82 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.… The Liberty Fruit Products Company brought a suit against S.… 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… Martin v. Carter Page 87 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.… 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.… Perry v. State Page 89 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 91 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 93 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.… Law v. Smith & Kelly Co. Page 94 1. As to the element of the defendant’s negligence, there was ample evidence to make a case for submission to the jury.… Holland v. State Page 95 There was no merit in the demurrer, to the overruling of which defendant excepted pendente lite.… Watts v. State Page 96 ]. 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 97 The defendant was adjudged guilty of assault and battery.… Ford v. Mayor of Brunswick Page 98 The decision of the Supreme Court upon the constitutional question certified by this court (134 Oct.… Loque v. Hancock County Page 99 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 100 1. Hearsay is generally not admissible as evidence.… Wood v. Vienna Telephone Co. Page 101 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 102 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 103 The beadnote states enough of the facts for an understanding of the case.… Summerford v. Meyer & Co. Page 104 The evidence supports the verdict. Judgment affirmed. Walker v. State Page 105 Jack Walker was convicted, in tbe city court of Monticello, of selling whisky.… Stevens v. State Page 106 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 107 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.… Bryan County Bank v. Moyd Page 108 The evidence for the defendants made an undisputed case of non-liability.… Miller v. O'Neal Page 109 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.… 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… Marshall v. Woodbury Banking Co. Page 111 A verdict for tlie plaintiff was not demanded by tlie evidence, and the court erred in directing- tlie verdict.… Owens v. Parker Page 112 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 113 The defendant in error brought suit in a justice’s court against the plaintiff in error.… Southern Railway Co. v. Jones Page 114 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… Flemming v. Shockley Page 115 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… Stamps v. Newton County Page 116 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… Quinn v. First National Bank Page 117 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 118 Granger sued the railway company to recover damages for the killing of a cow, and obtained a verdict.… Thomason v. Swift Fertilizer Works Page 119 The defendant’s plea failing to present any issuable defense, tlie demurrer thereto was properly sustained.… Taylor v. State Page 120 .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 122 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 124 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 125 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 126 (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 129 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.… Taylor v. National Cash Register Co. Page 130 Under the ruling in Conder v. Eolleman, 71 Qa.… Marks v. State Page 131 1. The right of certiorari is a constitutional right, and may be used to review any judgment of an inferior judicatory.… Allen v. State Page 132 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 133 1. The plaintiff proved his case as laid, and it was error to award a nonsuit.… Blosser Co. v. Doonan Page 135 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.… Mumford v. Solomon Page 136 W. G. Solomon Jr. obtained a judgment in a justice’s court against W.… Smith v. Maddox-Rucker Banking Co. Page 137 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 138 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 139 The Bank of Cave Spring brought suit against the administratrix of W.… Hansford v. National Bank Page 140 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 141 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 142 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 143 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 144 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 146 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 148 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 149 1. The method of service on fraternal beneficial associations, provided by the act of 1900 (Acts 1900, p.… Southern Railway Co. v. Ansley Page 150 F. H. Ansley sued the Southern Bailway Company for damages, and recovered a verdict for $11,000.… News Publishing Co. v. Lowe Page 151 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 152 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.… Boyd Lumber Co. v. Tyson Page 155 The errors of law assigned are entirely without merit, and the evidence demanded the verdict as directed.… 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.… Branch v. Battle Page 157 The evidence demanded the verdict as directed by the court, and any error of law was immaterial.… Bush v. Butler, Stevens & Co. Page 158 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 160 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 161 (After stating the foregoing facts.) The above is substantially the evidence for both sides.… McLin v. Harvey Page 162 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… Collier v. State Page 163 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.… Christian v. State Page 164 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… Bone v. State Page 165 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.… Lawrence v. State Page 166 The bill of exceptions was certified by the judge on June 17.… Holliman v. State Page 167 The evidence amply supports the verdict. Judgment affirmed. Hunt v. State Page 168 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… Plummer v. State Page 169 It seems to be difficult for the courts to teach Plummer that the way of the transgressor is hard.… Lowry v. State Page 170 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.… Moulton v. State Page 172 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.… Hester v. State Page 173 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.… Wright v. State Page 174 The exceptions as to alleged errors of law are wholly without merit, and the verdict is supported by the evidence.… Brown v. State Page 175 1. The defendant was indicted for murder and convicted of voluntary manslaughter.… Welborn v. State Page 176 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 177 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 178 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 179 No error of law is complained of, and the evidence amply supports the verdict.… Jones v. State Page 180 The evidence authorized the conviction. Judgment affi/rmed. McConnell v. State Page 181 McConnell was convicted of selling intoxicating liquors iü violation of the prohibition law.… Brown v. State Page 182 1. The proposition stated in the first headnote is fully sustained by Tucker v. State, 135 Ga.… McClendon v. State Page 183 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… Shocklin v. State Page 184 1. The ground added by amendment to the motion for a new trial is not verified or approved, and will not be considered.… 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.… Southern Railway Co. v. Chunn Page 186 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 187 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 188 The evidence authorized the conviction of the.… Power v. State Page 189 1. The evidence authorized the conviction, and the ruling is controlled by the decisions in Colbert v. State, supra, Griffin v. State, 2 Ga.… Mize v. Mashburn Page 190 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.… Morrow Transfer Co. v. Robinson Page 191 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.… Hutchins v. State Page 192 The plaintiff in error relied upon a pauper’s affidavit to avoid the payment of the costs in this court.… Swain v. State Page 193 The motion for a new trial in this case was overruled on July 4.… Jones v. State Page 194 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 195 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 196 Dr. Lee was convicted of violating the act of August 22, 1907 (Ga.… Blanchard v. State Page 197 Only tlie proposition stated in the second headnote seems to require any further statement.… Blanchard v. State Page 198 This case is controlled hy Blanchard v. State, No. 2889, ante, 419.… Strickland v. State Page 199 The defendant was convicted of a misdemeanor, and excepts to tlie judgment overruling his motion for new- trial.… Summerlin v. Spence & Meyer Page 200 1. In a contest between the holder of a fi.… Dickey v. Lott Page 201 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… Pierce v. Southern Railway Co. Page 203 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… Howard Piano Co. v. Brown Page 204 1. There was no error in overruling the motion to strike certain parts of the answer.… Southern Railway Co. v. Richey Page 205 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.… Perry brought suit against the Georgia Southern & Florida Railway Company, alleging, that on September 8, 1909, he was approaching a street-crossing of the.… Maffett v. Rome Pants Factory Page 207 Tlie evidence demanded the verdict as directed, and any error of law was immaterial.… Fulton Bag & Cotton Mills v. Booze Page 208 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… Webb v. State Page 209 The defendant was tried in the superior court of Johnson county, for the offense of murder, and convicted of voluntary manslaughter.… Cain v. Mayor of Cordele Page 210 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 211 Prator was indicted for assault with intent to murder, and convicted of shooting at another.… Fant v. State Page 212 The defendant was indicted for murder and convicted of voluntary manslaughter.… Hopkins & Co. v. Armour & Co. Page 213 Armour & Co. brought a suit against R. K.… Moses v. State Page 214 The defendant was convicted of the offense of hog-stealing.… Ricks v. State Page 215 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… Powell v. City of Atlanta Page 216 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.… Patterson v. State Page 217 The defendant was indicted and convicted of the offense of misdemeanor.… Walker v. State Page 218 The defendant was indicted for assault with intent to murder, and was convicted of the offense of shooting at another.… Smith v. State Page 219 (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 220 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 221 1. Under section 114 of the Penal Code of 1895, as amended by the act of 1907 (Acts 1907, p.… Holland v. State Page 222 The court did not err in overruling the certiorari.… Williams v. State Page 223 No error of law is complained of, and the evidence supports the verdict.… Shepard v. State Page 224 No error of law appears, and the verdict is supported hy the evidence.… Carter v. State Page 225 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.… Hilliard v. State Page 226 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.… Smith v. State Page 227 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… Varner v. State Page 228 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 229 The State’s witness approached the defendant and told him that he wanted a quart of liquor.… Fallon v. State Page 230 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 231 Riley Miliken was indicted for murder — tlie homicide of John Tyre — and was convicted of voluntary manslaughter.… Hamilton & Pritchett v. Jenkins Page 232 Hamilton & Pritchett sued Pomp Jenkins and Mattie Jenkins on an account for groceries, clothing, and other articles which are clearly within the territory of necessaries.… Connor v. Hodges Page 233 1. The motion to dismiss the writ of error is not well taken.… Morgan v. Chunn Page 234 1. In an action brought to recover damages alleged, to have accrued by reason of the defendant’s employment of the plaintiff’s tenant, it was not error to refuse' to strike an amendment to the defendant’s plea, setting up that the defendant did not know that the tenant was under any contract, and further pleading that… English sued the Central of Georgia Railway Company in the city court of Oglethorpe, to recover damages alleged to *264have been sustained by him by reason of the failure of the railway company to put down a side-track near his farm in Macon county, Georgia, as required by an order of the railroad commission of… Denton v. Butler Page 236 The proposition stated in the foregoing headnote is too well settled to need discussion.… Whitfield sued for damages on account of personal injuries received by him while employed by the defendant company in the State of Tennessee.… Sheats v. Blair Page 238 Plaintiffs instituted proceedings under section 4808 et seq.… Oliver Construction Co. v. Reeder Page 239 Beeder sued the W. J. Oliver Construction Comjoany for certain damages which he alleged he had sustained by reason of the fact that the defendant had agreed to give him continuous employment for two years in the grading of a certain railroad which was being built, and had failed to do so.… John E. Dunnington brought suit against the Charleston & Western Carolina Railway Company to recover damages for the homicide of his son, Winfield S.… White Sewing Machine Co. v. Horkan Page 241 1. The White Sewing Machine Company brought suit against G.… Lepinsky v. State Page 242 The plaintiff in error was convicted, in the city court of Savannah, of the offense of buying a vote, in violation of the act of 1905 (Acts of 1905, p.… Miona Mineral Springs Co. v. Sutton Page 243 The case was fairly submitted to the jury by the charge of the court.… The three defendants in error brought their separate actions against the Georgia Railroad and Banking Company.… Pidcock v. Crouch & Son Page 245 J. Crouch. & Son brought suit against Pidcock and the several other defendants named, upon a plain promissory note, payable to J.… Pidcock v. Merchants National Bank Page 246 The only substantial difference between this case and the case of Pidcock v. Crouch, this day decided, is that Crouch had transferred one of the notes given for the purchase of the stallion mentioned in that case, to the Merchants Bank of Lafayette, Indiana, and that the bank sued on it as innocent purchaser.… Wallis & Arnett v. Gabbett Page 247 The evidence not demanding the verdict as rendered, the first grant of a new trial will not be disturbed.… Ederheimer, Stein & Co. v. Carson Page 248 Carson ordered a bill of goods from Ederheimer, Stein & Company, consisting of clothing for the spring trade.… Knox v. Greenfield Estate Page 249 Knox brought suit in a justice’s court, naming as defendant, "Estate D.… Patterson v. Whaley & Rivers Page 250 Whaley & Rivers were brokers in long-staple cotton, doing business in Charleston, South Carolina.… Barron v. Trawick Page 251 This case was a foreclosure by a landlord of bis lien for supplies furnished to his tenant for the purpose of making the crop for the year of his tenancy.… Davis v. Ragin & Winn Page 252 A panel of regularly drawn and summoned jurors being incomplete, the judge directed the sheriff to summon talesmen to complete the panel.… Stahl v. Sommer Page 253 1. In an action of trover to recover possession of a diaznozid ring, where the issue made by the evidence was whether the plaintiff had title to the ring, or had advanced to the defendant the money with which to purchase the ring, it was not error for the court to instruct the jury, in effect, that if they believed… 1. In a suit by a passenger against a railroad company to recover damages for personal injuries, a verdict was rendered for the plaintiff, in tlie sum of $4,300.… Jalonick v. Greene County Oil Co. Page 255 Jalonick, manager, doing business under the name of the Cotton Seed Oil Millers Insurance Bureau, brought suit against the “Greene County Oil Company” for $350, claimed as a premium for a policy of fire-insurance for $11,000, written by the Cotton Seed Oil Millers Insurance Bureau and covering the property of the… Maine & Co. v. Howell Page 256 The suit was for $180, the purchase-price of goods sold and delivered.… Davis v. Sawtell Page 257 Where suit is brought in a justice’s court on an unverified open account, and the plaintiff introduces testimony and fails to prove the justness and correctness of the account, and the justice renders judgment in favor of the defendant for costs of suit, this does not operate as a dismissal of the suit, but is a… Flynt v. Southern Railway Co. Page 258 This court at the March term, 1907, held that the trial judge erred in not sustaining the general demurrer to the plaintiff’s petition.… Oglesby v. Hanson Page 259 To authorize a money verdict in a trover suit there must be some evidence to show the value of the personal property converted by the defendant.… Broughton v. Aiken Page 260 The testimony in this case is such that the verdict rendered was almost legally demanded, but not quite so.… Zipperer v. Doyle Page 261 1. The plaintiffs, wlio were general merchants, sold to Zipperer a quantity of fertilizer to be used on hi's farm.… Southern Railway Co. v. Reins Page 262 No reversible error of law appears, and the evidence fully sustains the verdict rendered.… Though the evidence 'strongly preponderated in favor of the ' plaintiff in the court below, still the verdict directed for it was not absolutely demanded, for there was testimony upon which the jury might have found that the defendant (a married woman) was informed in the plaintiff’s presence that her relation to the… Krauss v. Flournoy Page 264 Where one sued upon promissory notes relies, for his defense, upon a failure of the consideration, and the evidence shows that the failure of consideration has not been total, he must, in-order to au- - thorize any diminution of the plaintiff’s recovery, introduce evidence showing the extent of the failure.… Fitzgerald v. Reid Page 265 The defendant having admitted a prima facie case in favor of the plaintiff, and having failed to sustain his plea by proof, the court did not err in directing the verdict against him.… Burnett v. Rome Railway & Light Co. Page 266 The petition alleged that the plaintiff, who was an old lady, unacquainted with the streets or their condition in the city of Rome, • where the defendant operates a line of street-cars, took passage on one of the ears and made a contract with the conductor, by which he undertook, in consideration of the fare of five… Martin v. Southern Railway Co. Page 267 A petition filed in a city court against a railroad company* alleging merely that “the train of the defendant company ran over and killed a shepherd dog of petitioner’s, of the value of $50,” was properly dismissed on demurrer.… Davis v. DeVaughn Page 268 Only one question is involved in this case.… Beaty v. State Page 269 Garfield Beaty was convicted of selling whisky in Cobb county.… Warfield v. Jones Page 270 Though the evidence does seem, to preponderate against the verdict, yet, as the finding of the jury is supported by some evidence and as there is no reversible error of law assigned in the record, the judgment must be Affirmed. Brigham & Son v. Summers & Co. Page 271 The state of the evidence was such as to justify the judge of the superior court in overruling the certiorari and refusing to grant a new trial on the facts.… The Eagle Eire Insurance Company of New York issued a policy to Speer, covering his property.… Southern Express Co. v. Bailey Page 273 1. In an action against a common carrier for a failure-safely to transport and deliver goods committed to it by a shipper, specific allegations of negligence may be treated as surplusage.… Honey v. State Page 274 The evidence authorized the verdict) The admission of the evidence objected to, even if erroneous, was not of sufficient materiality to justify a reversal.… Irwin v. State Page 275 This case is fully controlled by the decision of this court in Bray v. Commerce, 5 Ga.… Davis v. State Page 276 That the intention to defraud is an essential element in a prosecution for the sale of mortgaged property is too well *333settled, by the express language of the code section creating the crime, as well as by the decisions of the court construing that section, to require any elaboration.… Butts v. City of Atlanta Page 277 No error appears, and the finding of the recorder is supported by the evidence.… Jones v. State Page 279 Under no rational view of the evidence was the law of voluntary manslaughter involved; the submission of instructions thereon was error, and the verdict finding the defendant guilty of that offense was contrary to law.… Smith v. State Page 280 1. There was no error in overruling the motion for continuance.… Frazier v. State Page 281 1. The verdict is wholly without evidence to support it, the circumstances being hardly sufficient to raise a bare suspicion of the defendant’s guilt, much less to exclude every reasonable hypothesis of his innocence.… Hill v. State Page 282 The ease is controlled by Barnes v. State, 3 Ga.… Williams v. State Page 283 The testimony makes it very clear that there was a burglary, and that the defendant was the burglar.… Cottle v. State Page 284 If any question can be stare decisis in this court by repeated rulings, it is that in the absence of legal error this court is without constitutional power to set aside a verdict supported by any evidence.… Thomas v. State Page 285 1. The grounds in the amendment to the motion for a new trial are not approved by the court, and therefore, are not considered.… Cole v. Illinois Sewing Machine Co. Page 286 The Illinois Sewing Machine Company sued Cole as maker of certain promissory notes.… The principle that a railroad company can not in any case relieve itself from liability to a trespasser by showing merely that its servants and employees did not know of the presence of the trespasser, but in some cases must go further and show that there were no circumstances from which an ordinarily prudent person… Swafford v. Shirley Page 288 At the November term, 1901, the plaintiff in error, brought suit upon a promissory note in a justice’s court of Rabun county against W.… Duckworth sued the railway company for the loss of a lot of household goods.… Exception is taken to the award of a nonsuit.… Callaway v. Martin Page 291 Martin filed, suit in the city court of Eeidsville on two promissory notes made by the defendant to one Kennedy.… Fulwood v. Leitch Page 292 On November 15, 1905, Burch made to Leitch a warranty deed to a parcel of land, for a consideration of $1,239.60.… Sprayberry v. Mullins Page 293 There being evidence from which it could be inferred that the corn raised in 1907 and sold to the garnishee was the proceeds or produced from part of the corn exempted and set apart to the claimant as head of a family in 1904, it was error, in sustaining the certiorari, to enter a final judgment holding that the… Fountain v. Fountain Page 294 On July 10, 1907, J. ,F. Smoot mortgaged to Charlie Fountain the following property: “All my interest in ten acres of short-staple cotton, now growing on place owned by Archie Fountain; said cotton being worked on halves by me, half of said crop being owned by me, and at my disposal.” This mortgage was recorded on… Finch v. State Page 295 The evidence authorized the verdict, and there was no error which requires the grant of a new trial.… Hines v. International Harvester Co. Page 296 The International Harvester Company of America sued out a purchase-money attachment in a justice’s court against Hines, and subsequently appealed the case to a jury in the superior court.… Dorsey v. State Page 297 The defendant was indicted for the offense of assault with intent to murder, and upon his trial was found guilty of stabbing.… Harper v. Vickers Page 298 Vickers obtained a judgment against Mary J.… Hunt sued the railroad company for personal injuries.… Manus v. State Page 300 The only question raised by the record in this case is whether a Confederate veteran, who has been granted a certificate in accordance with the act of 1897 (Acts 1897, p.… Allen v. State Page 301 This ease is identical with that of Manus v. State, ante, and is controlled thereby.… Ray v. Schmidt & Co. Page 302 1. The lien given under the Civil Code, § 2809, to persons who furnish saw-mills with “timber and logs” applies to such timber and logs as have been severed from the soil by human agency.… Attaway v. Herrington Page 303 1. Section 5547, paragraph 3, of the Civil Code declares that “no case shall he dismissed by the Supreme Court for want of service, when the party benefited by.… Anna Mullins sued the Central of Georgia Railway .Company for damages on account of the homicide of her husband-.… Harley v. Davis Page 305 The evidence in this case leaves it doubtful whether the relation between the plaintiff and the defendant was that of landlord and tenant, or landlord and cropper.… Burns v. Reese Page 306 1. The law applicable to the issues made by the evidence was fairly, fully, and correctly presented to the jury.… Hunter v. Hinman Page 307 1. This case is fully controlled by the decisions of the Supreme Court in Dodson Printers’ Supply Co. v. Harris, 114 Ga.… Ellenberg v. Southern Railway Co. Page 308 1. The judge, in beginning his charge, inadvertently read to the jury certain allegations of negligence which had been stricken, and which it had been stated to the jury were not relied on, and about which there was no evidence.… Wright, Williams & Wadley v. Brown Page 309 1. Where an attachment has been levied upon personal property and a claim is interposed, the regularity of the attachment is ordinarily of no concern to the claimant, he being interested only in showing that the property is not subject.… Neely Co. v. Bank of Waynesboro Page 310 The Neely Company, as judgment creditors of Lively, caused summons of garnishment to be served on the Bank *391of Waynesboro at the opening hour of business, November 3, 1908.… Floyd County v. Bannister Page 311 In December, 1906, the board of commissioners of roads and revenues for Floyd county elected B.… Southern Railway Co. v. Freeman Page 312 No error of law appears, and the verdict is supported by some evidence.… Hill v. Jones Page 313 1. The Civil Code, §2693, par. 4, requires that “any contract ■ for sale of lands, or any interest in, or concerning them,” to make the obligation binding, shall be “in writing, signed by the party to be charged therewith, or some person by him lawfully authorized.” 2.… Pope v. Peterson Page 314 1. Where the consideration expressed in a promissory note is “value received,” -the maker, when sued thereon hy the payee, can plead, and prove hy parol, the consideration of the note, and the total or partial failure thereof.… Cohn & Co. v. Brown Page 315 1. The court erred in sustaining the demurrer to the petition..… Jamerson v. Thaxton Page 316 1. Where the court in a civil case charged the jury that “the burden is on the plaintiff to make out his case by proof” of the facts alleged, before he would be entitled’ to recover, the omission to charge, in the absence of a special request, the general doctrine as to the preponderance of evidence was not error.… 1. A commissioner duly appointed by the judge of the superior court to take depositions in a county of 20,000 inhabitants and upwards is authorized and empowered to take the depositions of a witness in any case pending- in any court of record of the county of his appointment.… Gaines v. State Page 318 The decision of this ease is controlled by the ruling of the Supreme Court in Dorsey v. State, 108 Ga.… Backus v. City of Atlanta Page 319 1. The defendants were tried jointly for a violation of a municipal ordinance.… Huey v. State Page 320 (After stating the foregoing facts.) In prosecutions for rape or assault with intent to rape, the rule in this State, in harmony with the weight of authority, both in England and in the United States, is that when the complaint made by the injured female does not constitute a part of the res gesteo, *401the details ox… Graham v. State Page 321 1. The prosecutor and the defendant were members of a lodge of the same secret fraternal benevolent order, called “The Supreme Circle.” The defendant made a written accusation against the prosecutor, charging him with aiding and abetting a felonious assault made upon the person of a brother member.… Hay v. State Page 322 This was a conviction of a violation of § 670 of the Penal Code, defining general offenses of cheating and swindling.… Rigbers v. City of Atlanta Page 323 Bigbers was convicted, in the recorder’s court of the City of Atlanta, of the violation of §35 of an ordinance of that *412city, adopted March 7, 1907, and bearing the following title: “Governing the sale of milk and regulating the sanitary conditions of dairies and milk depots in Atlanta, Ga.” The ordinance is… Jackson v. State Page 324 The defendant was convicted upon an accusation charging him with the offense of carrying a concealed weapon.… Walker v. City Council Page 325 Walker was convicted by the mayor of the city of Dawson of the violation of a certain city ordinance.… Raffield v. State Page 326 The defendant was convicted of a violation of the “labor-contract act” of 1903 (Acts 1903, p.… Rhinehart v. State Page 327 1. Upon an indictment for assault with intent to murder, charging that the defendant, with a certain pistol, “did unlawfully and with malice aforethought assault, shoot, and beat” the prosecutor, with the intent to kill and murder him, a verdict finding the defendant guilty of shooting at another may be lawfully… Southern Railway Co. v. Nailon Page 328 Nailon sued the Southern Railway Company for $55.75, as the value of one box of goods alleged to have been shipped from Snyder, Oklahoma, to Dalton, Georgia.… Bishop v. People's Bank Page 329 The People’s Bank of Calhoun instituted suit against the Pendley Lumber Company, a partnership composed of William Pendley, Willis Pendley, and L.… Dunbar v. City of Atlanta Page 330 All tlie propositions of law presented for adjudication by this record are controlled by the instructions of the Supreme Court in answer to the questions certified to it in Loeb v. Jennings, 133 Ga.… Cable Co. v. McFeeley Page 331 MeFeeley agreed to purchase a piano from the 'Cable Company and to give in exchange therefor an organ and $210 in money.… Dexter Banking Co. v. McCook Page 332 The Dexter Banking Company instituted suit on a promissory note signed by Cardell Brothers and McCook, apparently as joint makers.' McCook pleaded that he was surety onty, and that he had been released by the bank.… Clark v. City of Fitzgerald Page 333 Tom Clark was convicted in the mayor’s court of the City of Fitzgerald of the offense of disorderly conduct, and ■sentenced to pay a fine of $25 or to work 25 days on the public works of the city.… McWhorter & Armor v. Moore Page 334 The petition as amended alleged that the defendant, P.… Whitley v. City of Atlanta Page 335 1. The questions of law involved are controlled by the decision of this court in Athens v. Atlanta, 6 Ga.… Harbuck v. City of Atlanta Page 336 1. In the main, the case is governed'by the decision this d'ay rendered in Whitley v. Atlanta, supra (67 S.… Stradley v. City of Atlanta Page 337 Stradley was convicted of a violation of the municipal ordinance of the City of Atlanta which prohibits the keeping for unlawful sale in any store-house, room, office, cellar, stand, booth, stall, or other place, or in any barrel, keg, can, demijohn, or other package, any spirituous, fermented, or malt liquors.… Bufford v. Wilkinson, Bolton & Co. Page 338 Bufford, being indebted to Wilkinson, Bolton & Company in the sum of $300 for supplies furnished him in the year 1906, and desiring to obtain advances with which to make his-*444crop in 1907, gave a note to them for $900; and, to secure the preexisting debt, of $300 and advances to be made, which were represented in… Whitley v. City of Atlanta Page 339 1. The constitutional questions made in this ease are fully controlled by the decision of the Supreme Court in Loeb v. Jennings, 133 Ga.… Mayor of Cordele v. Williams Page 340 1. A.motion to dismiss a plaintiff’s petition because it “fails to set up a cause of action” is in effect a demurrer; and the refusal to sustain such a motion is not a proper ground for a motion for a new trial, but should be directly excepted to.… Pelham Manufacturing Co. v. Scaife Page 341 In answer to the rule nisi served upon him, his honor Judge Scaife does not deny that the statements of fact in the bill of exceptions pendente lite, which he was asked to certify, are true, though he states that his answer is made “without admitting the facts set out in the bill of exceptions pendente lite.” The… 1. A receiver can not lawfully buy property sold by him as receiver, nor can he make a valid sale to his wife, or to a corporation in which he is a stockholder and director.… Blackwell v. Rowe & Co. Page 343 No error of law is complained of, and there is some evidence to support the verdict.… Stewart & Co. v. Stephens Page 344 (After stating the foregoing facts.) While many questions are made in the voluminous motion for a new trial, and argued by counsel for the plaintiffs in error, yet we think there are only two which need to be considered and decided: *457First, did Stephens break his contract?… Long v. Lawson Page 345 The payee of a promissory note for $130 brought suit against the maker.… Long v. Lawson Page 346 The maker of a promissory note filed a sworn petition to enjoin the collection of the note, and obtained a restraining- order.… Cain v. Seaboard Air-Line Railway Page 347 A suit was filed against the Seaboard Air-Line Railway on March 23, 1909, and service of process was made on a designated person as “agent of the defendant company,” on March 26, 1909.… Melton v. Hicks Page 348 1. It is expressly ruled by this court in Brantley Co. v. Southerland, 1 Ga.… Buchan v. Lupo Page 349 There being no “error of law which must finally govern the case,” and no question of law involved which would have required the rendition of final judgment, the judgment of the superior court, sustaining the certiorari and remanding the case for a second trial, will not be disturbed.… Perkins v. Bouyer Page 350 The allegations of the petition were substantially proved as laid, and the judgment of nonsuit was erroneous.… Pickard v. Bridges Page 351 In a petition to recover damages for malicious prosecution, it was alleged, that the plaintiff was arrested on a warrant sworn out by the defendant, charging him with the offense of cheating and swindling, and was taken before a magistrate, who, after an investigation, dismissed the warrant and discharged him.… 1. While the owner of rented premises in the possession of the tenant can only recover damages for an injury to the freehold, yet evidence of the rental value of the land is admissible, as illustrative of the market value of the land before and after the trespass.… Hanjaras v. Kilpatrick Page 353 This was a suit in a justice’s court, to recover damages for a breach of a forthcoming bond.… Williams v. State Page 354 In our view of the facts of this case, the prosecution savors of an effort to collect a debt by criminal process; and to uphold the conviction would be to give to the statute an effect which would render it unconstitutional.… Smith v. State Page 355 The defendant was convicted of the offense of larceny after trust.… Minor v. City of Atlanta Page 356 1. In determining whether a petition for certiorari should be sanctioned, the judge must look to the petition alone.… Andrews v. City of Atlanta Page 357 1. An assignment of error averring that a judgment is illegal, because it is contrary to the evidence, against the weight of the evidence, and without evidence to support it, is sufficient to raise the question of venue.… Hardy v. Boyer Page 358 Hardy instituted suit against Boyer and Luke on a promissory note, of which the material parts are as follows: “Six months after date we or either of us promise to pay to the order of Wilson M.… Dalton Buggy Co. v. Wood, Son & Bro. Page 359 In this case an attachment was sued out against A.… The Corona Coal and Iron Company sued J. T.… The plaintiff in error brought a suit for damages against the Southern Bell Telephone and.… Rylee v. Bank of Statham Page 362 1. The first headnote is a sufficient elaboration of the ruling therein contained.… Gary v. State Page 363 John Gary was tried for a violation of the prohibition law (Acts 1907, p.… Black v. Weaver Page 364 1. The sheriff’s omission to swear to his answer to the rule was waived at the trial, by the failure of the movant of the rule to object, upon that ground, to the answer, and by not moving to strike the answer.… Deen v. Wheeler Page 365 Wheeler brought a suit against Deen, alleging, that the defendant was the.… Pepper v. James Page 366 In this case the court overruled the demurrer to the plaintiff’s petition, and, after the introduction of the evidence, directed a verdict in favor of the defendant.… Ogletree v. State Page 367 1. The ownership of the property alleged to have been stolen is sufficiently proved.… R. M. Rose Co. v. State Page 368 It goes without saying that after the very careful consideration of the questions involved in the case of Rose v. State, 4 Ga.… Loeb v. Jennings Page 369 The constitutional questions raised by the record in this case having been certified to the Supreme Court for instruction, and that court having decided all the questions adversely to the contentions of the plaintiff in error, and the law questions made in the case, other than the constitutional questions decided by… Oliver Typewriter Co. v. Fielder Page 370 A corporation in Atlanta, desiring to obtain the exclusive agency for the sale of a certain typewriter, known as the Oliver tj’pewriter, in certain territory, entered into a contract with the Oliver Typewriter Company.… The plaintiff in error brought a suit for damages against the railroad company, basing his right of action upon the “employer’s liability act” of April 22, 1908, c.… Day v. Rogers Page 372 Day sued W. H. Eogers and Julia P. Eogers on a promissory note.… Jones v. Pope Page 373 Pope sued Walter B. Jones and A. B. Jones as makers, and the Laurens Banking Company as indorser, on two promissory notes, payable to the banking company and indorsed to the plaintiff, stipulating for interest at eight per cent., and ten per cent, as attorney’s fees.… McAllister v. State Page 374 1. “Tlie law embraced, in section 73 of the Penal Code does not qualify or limit the law of justifiable homicide as contained in sections 70 and 71.… Wright v. Southern Railway Co. Page 375 Wright delivered to the Southern Railway Company (a non-resident corporation) at one of its stations in Crawford county, Georgia, a shipment of cotton to be transported to *543Charleston, South Carolina.… Walker v. State Page 376 1. The evidence seemed to have preponderated in behalf of the accused.… Howard Piano Co. v. Glover Page 377 (After stating the foregoing facts.) 1. Where the plaintiff declares on a contract in writing and the defendant denies the execution of the paper thus sued on, or claims that the paper as then existing and declared on is not in the condition in which it was when it was signed, he must file his denial under oath, by a… Johnson v. State Page 378 Cornelia Johnson was convicted, in the criminal court of Atlanta, of selling intoxicating liquors, and petitioned the superior court of Pulton county for a writ of certiorari.… Johnson v. Huggins Page 379 1. An alleged creditor of an estate, suing upon the administrator's bond, should show that at the time his suit was filed he held an existing indebtedness against the estate, and that the administrator had committed a devastavit.… Smith v. State Page 380 1. The evidence authorized the defendant’s conviction.… Hardaway v. State Page 381 Where the defendant was on trial for assault and battery, and there was no allegation and no evidence that the person alleged to have been assaulted and beaten was an officer of this State, or was a * person duly authorized to execute any lawful process, or that the as*556sault and beating was committed in obstructing… Rimes v. State Page 382 . The plaintiff in error was convicted of the offense of abandoning his child; a motion in arrest of judgment was overruled, and exception was taken to the overruling of the motion.… Geisberg v. City of Atlanta Page 383 No venue having been shown, the judge of the superior court should have sanctioned the petition for certiorari.… Nesmith v. Mohr & Sons Page 384 1. The motion to continue the case was apparently made for the purpose of delay only.… Fountain v. State Page 385 1. The plaintiff in error was prosecuted for using profane language in the presence of a female, the substance of the charge being that he had cursed her (the prosecutrix) for reporting his still to the Government.… Johnston v. State Page 386 The applicant for the writ of certiorari in a criminal case tried in a county court is required by the Renal Code, § 765, to~give a bond for his personal appearance to abide the final judgment of the court in the case; or, in lieu thereof, to make an affidavit that he is unable to give such bond.… Johnson v. Fulton Bag & Cotton Mills Page 387 The petitioner sought to recover damages as compensation for injuries which he received in an elevator of the defendant company.… The plaintiffs blind mare was grazing in a pasture near the railroad; and just at this point there was a public crossing and a blow-post.… Wallace v. Southern Express Co. Page 389 The plaintiff sued the Southern Express Company, -alleging, that he had been injured by a libel mailed by its agent .at Brunswick, Georgia, to a person in Gainesville, Georgia; that the person in Gainesville turned over the libel to the defendant’s agent there, who in turn exhibited it to other persons and then… 1. A train of the defendant company killed one of Mrs. Minchew’s mules.… Lamar-Rankin Drug Co. v. Copeland Page 391 Lamar-Banlrin Drug Company brought a suit in the city court of LaGrange, asking judgment against O.… Holmes v. State Page 392 1. Both tlie venue and the fact that the offense charged was committed within the statute of limitations were proved directly and circumstantially.… Price v. State Page 393 The defendant was charged with a misdemeanor.… Bennett & Co. v. Moore Page 394 Some of the testimony authorized, a finding that the real complaining party (a married woman) signed the note sued on as surety only.… Bankston v. Kennesaw Guano Co. Page 395 A promissory note concluding in the following language, “Witness my hand and seal the date and year above written,” signed in the name of the maker, by his mark, followed by a printed “(L.… Harnage v. State Page 396 1. Where the bill of exceptions .contains a recital, that it was tendered within the time prescribed by law, the writ of error will not be dismissed, although it appears that the judge did not sign and certify the same within the statutory period, unless it be made to appear that his failure so to sign and certify was… Adams v. Booker Page 397 Adams sued Booker for a balance due on account of building a house.… Kellam v. State Page 398 1. Tlie legislature of this State has expressly or by necessary implication made it legal to operate passenger and mail trains on Sunday.… Redd v. State Page 399 The defendants were prosecuted under the Penal Code of 1895, §390, which provides, among other things, that “any person who shall be guilty of open lewdness, or any notorious act of public indecency, tending to debauch the morals/5 shall be punished as for a misdemeanor.… Curry v. State Page 400 In December, 1905, the prosecutor was induced .to advance to-the defendant $55, on the latter’s promise that he would work for the prosecutor as a laborer from August 1, 1906, at the rate of $10 per month, and would continue so to work until his services had fully re*583paid the sum advanced.… Wilson v. State Page 401 The proof shows that the defendant took a pay check of the Southern Railway Company, which was originally payable to one Herrington, and which had been indorsed by him, and changed the name to “Oerrington,” both in the body of the check and in the indorsement (which was in blank), He also changed the amount from $1.00… Carroll v. Atlanta Paper Co. Page 402 Miss Carroll, a young lady of seventeen, while employed in the printing establishment of the defendant company, suffered a severe injury to her right foot; and, to recover damages therefor, this suit was brought.… The Otto Gas Engine Works brought suit in trover against Rogers & Thornton for the recovery of an engine sold under retention of title.… Klias v. State Page 404 The only issue made by the evidence was whether the taking of the hog by the defendant was under a bona fide claim of right, or was done animo furandi.… Connerat v. City of Atlanta Page 405 The plaintiff in error appeared before the recorder of the City of Atlanta, to answer a charge against him for violating *590the automobile ordinance of the city.… (After stating the foregoing facts.) 1. “Do particular form is necessary to constitute a mortgage.… Bone v. State Page 407 Where the bill of exceptions is not served upon the opposite party or his counsel within the time required by law, a subsequent acknowledgment of service will not prevent dismissal for lack of compliance with the statutory requirement as to service, unless, in addition to the subsequent acknowledgment of service… Herrington v. State Page 408 No error of law is complained of, and there is some evidence to support the verdict.… Hyde v. State Page 409 The defendant had a combination store and restaurant in LaGrange.… White v. State Page 410 1. A judgment overruling a demurrer to an indictment can not be made a ground for a new trial.… Chester v. City of Atlanta Page 411 Chester was charged with violating section 1537 of the code of the City of Atlanta, making it unlawful to keep- intoxicating liquor on hand for the purpose of unlawful sale.… Daniel v. City of Atlanta Page 413 Andrew Daniel was convicted by the recorder of the City of Atlanta of a violation of section 1537 of the city code, for having in his possession intoxicating liquors for the purpose of illegal sale.… Radford v. State Page 414 1. On tlie trial of a female for the offense of adultery and fornication, evidence that she lived in the same house with the unmarried man with whom she is charged with having committed the act is adinissible, although it may tend to prove that they lived together in a state of adultery and fornication, which, under… Teel v. State Page 415 1. Where the relation of landlord and tenant exists, the title to crops grown on the rented land is in the tenant, and not in the landlord; the latter has only a lien for his rent.… Cowart v. Dees Page 416 Dees brought an action of trover against Cowart for 25 bushels of porn in the ear, 800 bundles of fodder, 15 bushels of sweet potatoes, and 40 gallons of syrup, which he alleged were of the total value of $60.50 and of the yearly value of $10 for hire.… Taylor v. State Page 417 I. “Fussing and cussing” outside a church or place of worship, and so near thereto as to disturb any member of the congregation assembled inside and engaged in divine service, is a violation of the Penal Code, §418.… Sanders v. State Page 418 Sanders was charged generally with the unlawful sale of intoxicating liquor.… Dixon v. State Page 419 The circumstances corroborating the positive testimony- of the accomplice are of some probative value, and their sufficiency for the purpose of corroboration was entirely a matter for the determination of the jury.… Sharp v. State Page 420 Charles W. Sharp was convicted in the criminal court of Atlanta, on an accusation charging him with a violation of section 670 of - the Penal Code.… Bush v. State Page 421 Wliere the conviction in a criminal case rests solely on circumstantial evidence, the testimony must he such as to raise more than a hare suspicion of the defendant’s guilt; otherwise it is, as a matter of law, insufficient to support the verdict.… McLin v. City of Griffin Page 422 Mrs. E. C. McLin was convicted, in the police court of the city of Griffin, of a violation of the city ordinance which prohibits the keeping of intoxicating liquor for sale.… Clark v. State Page 423 1. Under the facts of this case, the law of voluntary manslaughter was not applicable.… Pough v. State Page 424 The contention of the learned counsel for the plaintiff in error is that the verdict of guilty is contrary to evidence and to law, because there was no evidence of any persuasion by reason of which the female was induced to yield to the lustful embraces of the seducer.… Highsmith v. City of Waycross Page 425 The lieadnotes control the case. If they did not control it by an affirmance, we would be inclined to take up the motion to dismiss, but the result we have reached being the same that would be reached by the motion to dismiss, and being capable of accomplishment with less effort, we have allowed the case to take this… Dowling v. State Page 426 The plaintiff in error was convicted, in the county ■court, of a violation of section 396 of the Penal Code, in that, without provocation, he did use vulgar, obscene, and profane language in the presence of a female.… Thomas v. State Page 427 The general grounds of the defendant’s motion for a new trial need not be considered further than to say that the evidence in behalf of the State would have authorized the verdict which found the defendant guilty.… Battle v. State Page 428 The plaintiff in error and four other persons were trustees of what was known as Charity Grove School, in the county of Worth.… Napper v. State Page 429 1. The refusal to grant a new trial because of alleged newly discovered testimony in a homicide case will not be disturbed, where the new testimony was that of a witness who had testified before the coroner’s jury, and was contradictory of his previous testimony, and where the motion for a new trial was not supported… Cleveland v. State Page 430 We will elaborate only the proposition announced in the second headnote.… Edwards v. State Page 431 The plaintiff in error was indicted for murder and was convicted of voluntary manslaughter.… Richardson v. State Page 432 The only point, in addition to the general grounds, is that the trial judge asked certain questions of the defendant’s witness; the contention of the plaintiff in error being that these questions were such as to intimate an opinion on the part of the judge, as to the credibility or lack of credibility of the witness.… Kinneman v. State Page 433 The objections made to certain portions of the charge are without material error, when considered with the entire charge; and there is some evidence to support the verdict.… Glover v. State Page 434 Fannie Glover was indicted for assault with intent to murder, and convicted of the offense of shooting at another.… Garner v. Town of East Point Page 435 A, tlie owner of a mule, hired it to B, who placed it in an ordinarily safe inclosure.… Under the decision of the Supreme Court in answer to the question certified' in this case, the city court erred in striking the defendant’s pleas.… Case Threshing Machine Co. v. Cook Page 437 The plaintiff in error sued the defendant on a promissory note for $475 and interest.… Thomas v. State Page 438 The plaintiff in error was convicted in Morgan county court of the offense of misdemeanor, — riding the mule of another without his consent.… Burnett v. City of Rome Page 439 Tlie allegations of the plaintiff’s petition fail to set out a cause of action, and the lower court did not err in sustaining a general demurrer and dismissing the petition.… Brown v. Massachusetts Mills Page 440 Brown sued the Massachusetts Mills in Georgia for personal injuries.… 1. In a suit by a passenger against a railroad company to recover damages for personal injuries caused by the running of its train, it is not error for the court to charge as follows: “The burden of proof is on the plaintiff, the presumption being first against him; but if the testimony shows that the plaintiff is… Swift Creek Distilling Co. v. Laval Page 442 1. The suit was based on an express contract, and was to recover the value of services rendered thereon.… Edenfield v. Bank of Millen Page 443 The Bank of Milieu obtained a verdict and judgment against the plaintiffs in error, upon certain promissory notes.… Southern Railway Co. v. Maddox Page 444 1. Where the consignor makes the contract of shipment with the carrier, he may bring an action for failure to deliver the goods to the consignee, although the title to the property may be in the consignee.… Hilburn v. Scott Banking Co. Page 445 There being no assignment of error whatever in the bill of exceptions, nothing is presented for the consideration of this court, and the writ of error must be dismissed.… Southern Railway Co. v. Chance Page 446 The plaintiff was driving along a public road practically parallel to the railroad track, near a trestle which marked a low point in the grade.… Southern Railway Co. v. Wafford Page 447 The only assignment of error is upon the overruling of a motion for a new trial.… Collins v. Smith Page 448 In response to the rule nisi calling upon Collins to show why a criminal recognizance on which he was surety for the appearance of one Holmes should not be forfeited, the surety demurred to the scire facias generaDy, upon the ground that the proceeding set forth no cause of action, and especially because the scire… Butler v. Frank Page 449 The whole question is whether Mrs. Butler was a partner of the firm of Butler & McEwen, or was liable to be held as such by the plaintiff in this case.… Southern Railway Co. v. Petway Page 450 1. Where tlie person who was injured testified as to the extent of his injuries, and that he had suffered much pain and still suffered from his injuries, although received three years before, the court was fully authorized to charge the jury on the subject of pain and suffering and permanent injuries.… Maughon v. State Page 451 Maughon was jointly indicted with Kelly Elrod for murder, and on his separate trial was convicted of involuntary manslaughter in the commission of an unlawful act.… Clance V. Laurens Banking Co. Page 452 A motion is made to dismiss the writ of error, upon the ground that there has been no service of the bill of exceptions as required by law.… Hunter v. State Page 453 1. Objections to an accusation or indictment are not properly presented by a motion for a new trial.… Swann Davis Co. v. Stanton Page 454 The plaintiffs in error obtained a common-law judgment against one Randall Banks, and the fi.… The exception was to the granting of a nonsuit, in an action for personal injuries.… Moone v. Smith Page 456 1. The court erred in granting a nonsuit.… Herndon v. Sims Page 457 There will be nothing new or profitable in elaborating the first and second grounds.… Harper v. Smith Bros. Page 458 None of the errors of law assigned are meritorious.… Huckabee v. State Page 459 Robert Huckabee was convicted of the offense of selling intoxicating liquor in Terrell county, and his motion for a new trial was overruled.… Rhodes & Son Co. v. Foor Page 460 The court did not err in overruling the certiorari.… There is no legal brief of the evidence in the record.… Ripley v. State Page 462 1. While the trial judge should always charge the jury that they have the power to recommend that the felony be punished as a misdemeanor, in eases where § 1036 of the Penal Code is applicable, the failure so to charge will not be reversible error, where the jury does in fact make such recommendation, by recommending… Davis v. State Page 463 The plaintiff in error was convicted of perjury.… McLendon v. State Page 464 Bertha McLendon was convicted of the illegal sale • of intoxicating liquor.… Farmer v. State Page 465 1. A brother lias the right to defend the reputation of his sister; and where he has made an assault and battery upon one assailing in his presence his sister’s character for chastity, modesty, and virtue, it is for the jury to say whether the language used was sufficient provocation to justify an assault and battery… Scott v. City of Camilla Page 466 1. It appears from the record that the plaintiff in error applied for a certiorari to a conviction in the municipal court of Camilla, the condition of his bond being “for the appearance of the defendant to abide the final judgment -and sentence of the superior court of Mitchell county, Georgia, in said case.” This is… Smith v. State Page 467 1. The discretion of tlie trial court in refusing to grant a new trial on the ground of newly discovered evidence will not be disturbed, where the testimony alleged as newly discovered is simply impeaching in character, and where no affidavits are presented showing the good character of the witnesses who will give the… Copelan v. State Page 468 We wish that the trial judge had granted a new trial in this case, for we are strongly impressed that this old negro may not be guilty; and we feel, too, that his ignorance is largely responsible for his having been convicted, — that is to say, that if, *691prior to the trial, he had put his lawyers in possession of… Gordon v. State Page 469 1. Immediately preceding tlie trial of the plaintiff in error for the offense of selling intoxicating liquor, the defendant in another ease, on trial for the same offense, stated that he had bought from the plaintiff in error the whisky which he was charged with *692selling.… Gibson v. State Page 470 1. The defendant was indicted for the larceny of “one cream-colored Jersey cow, of the personal goods of one.… Jones v. State Page 471 In this ease the certificate of the judge to the bill of exceptions was dated February 5, 1910, and the bill of exceptions was filed in the office of the clerk of the trial court on March 10, 1910.… Johnson v. State Page 472 1. The evidence fully authorized the conviction.… Oliver v. State Page 473 1, 2. The indictment charged “A. D. Oliver, alias LeBoy C.… Singletary v. State Page 474 No error- of law is complained of. While mere proof of a single act of fornication, or of even more than one such act, is insufficient to sustain a conviction of living in a state of fornication, the additional evidence in this ease, considered in connection with the proof of sexual intercourse, fully authorized the… Washington v. Augusta Lumber Co. Page 475 The proximate cause of the injury, as shown by the petition, was the common negligence of the master and of a fellow servant of the plaintiff, in one of those employments as to which the common-law doctrine has not been abolished in this State.… Morgan v. Cedar Rapids National Bank Page 476 1. The holder of a negotiable note is presumed to be such bona fide and for value.… The plaintiff in error brought suit in the city coiirt of Atlanta against the Atlanta & West Point Eailroad Company, the Louisville & Nashville Eailroad Company, and the Atlantic Coast Line Eailroad Company and the Louisville & Nashville Eailroad Company, lessees of the Georgia Eailroad & Banking Company.… Prances Bryant sued the Atlantic Coast Line Railroad Company and the Cherokee Saw Mill Company, in the city court of Thomasville, to recover damages for personal injuries alleged by her to have been caused by concurrent acts of negligence of both defendants.… This ease is fully controlled, by the decision of this court this day rendered in the case of Atlantic Coast Line Railroad Co. v. Bryant, ante, 703 (67 S.… James v. Calder Page 480 This was an appeal case from a justice’s court, in which Lizzie James sued C.… Smith v. State Page 481 I. The credibility of a witness is entirely a matter for the jurors; and if they see proper to believe a witness, notwithstanding clear proof of contradictory statements, this court can not interfere with their exclusive province.… Parrott v. Tinley Page 482 1. The charge of the court, as a whole, submitted, the issues made by the pleadings and the evidence fairly, fully and accurately, and the objections made to excerpts therefrom are without merit.… 1. Relatively to property for carriage, railroad companies owe no duty of diligence under the law, except where the property has been delivered at stations or places designated by the company for its delivery.… Gaither Construction Co. v. Sims Page 484 The grounds of the motion for a new trial are without merit-, and the verdict is supported by the evidence.… Bryan v. Yates Page 485 Where a deed to land described the quantity of acres conveyed as being “80 acres, more or less, ” and there was an alleged' shortage of 26 acres, it was for the jury, and not for the court, to say whether this deficiency was so gross as to authorize a rescission of *713the contract, or an apportionment of the… Avery & Co. v. Graham Page 486 The judgment of the superior court, sustaining the certiorari and remanding the case for a new trial, is in accordance with the ruling of this court in McDaniel v. Mallary Brothers Co., 6 Ca.… Gentry v. State Page 487 Though the evidence is in some respects somewhat weak and unsatisfactory, it can not be held to be insufficient to authorize the verdict.… Meacham v. State Page 488 1. Upon the call of this case a motion was made to dismiss the writ of error, upon the ground that the evidence in the record was not briefed as required by law.… Continental Fertilizer Co. v. Pass Page 489 The Continental Fertilizer Company brought suit against Pass upon a lost note; and to the copy of the note which was attached to the summons there was affixed an affidavit stating, among other things, that the original note was lost.… Browning v. Village of Cave Spring Page 490 It is so apparent, from the testimony of the plaintiff, that her injury could, have been prevented by the exercise of ordinary care on her part, that the grant of a nonsuit was not error.… Brundage v. State Page 491 The defendant was convicted of the offense of simple larceny, and'excepts to the judgment overruling his motion for new trial.… Veal v. State Page 492 1. Yeal was indicted for murder and convicted of voluntary manslaughter.… Rossi v. State Page 493 The defendant was indicted for the offense of murder .and was found guilty of voluntary manslaughter.… Heitmann v. Commercial Bank Page 494 This case has been before this court previously See Heitmann v. Commercial Bank, 6 Ga.… Garrett v. Herringdine Page 495 In a^civil action for assault and battery it is error to charge the jury as follows: “Under the laws of this State, opprobrious words do not justify an assault and battery, in a civil action by the person injured for damages as a result of such assault and battery.” 2.… Powell v. State Page 496 No error of law appears in this ease, except the failure of the- court to charge the jury as to the statutory offense of stabbing.… Letson v. State Page 497 The defendant was convicted in the city court of Flovilla of the offense of assault and battery.… Ross v. State Page 498 The motion for new trial (which was based on the general grounds only) was not meritorious.… Sharp v. State Page 499 The defendant was indicted for larceny after trust, the charge being to the effect that he was entrusted by the Columbus Iron Works with a large number of promissory notes, aggregating some $16,000, and that he made a fraudulent conversion of the proceeds.… Labord v. State Page 500 There was enough evidence to authorize the verdict.… Snell v. State Page 501 1. An accusation charging that the accused ‘‘did sell and barter, for valuable consideration, alcoholic, spirituous, malt, and intoxicating liquors, and intoxicating bitters” is in the language of the statute, and is sufficiently definite, although it fails to designate the “valuable consideration,” or to specify the… Thornton v. State Page 502 At the December term, 1908, of a city court, the defendant made a demand for trial, which was regularly entered upon the minutes of the court by the order of the judge.… Price v. Smith Page 503 Under the evidence submitted, the judge did not abuse his discretion in setting aside the verdict and judgment and opening the default.… 1. “A railroad company is bound to stop its pásseilger-trains in response to proper signals at a flag-station at which it is in the habit of stopping/ trains of that character.” Southern Ry.… Burgin & Sons Glass Co. v. McIntire Page 505 The questions in this case arise on a rule against the sheriff to distribute a fund in his hands realized from the sale of personal property under execution.… Sheppard v. Daniel Miller Co. Page 506 Daniel Miller Company, a corporation, sued Sheppard on the following writing: “For goods delivered and to be delivered to Fain & Weaver of Edison, Ga., debtor, and for other valuable considerations, the undersigned agrees to pay to Daniel Miller Company, a corporation, á sum not exceeding fifteen hundred dollars as… White v. Adams Page 507 1. The plaintiff sued on certain promissory notes given for the purchase-price of land for which he had executed to the defendants a bond for title, in which the land was described in the following language: "All that tract or parcel of land, situate, lying, and being in the county of Newton, said State, and… Blackman sued the railroad company for personal injuries.… McMichael v. Mackey Page 509 1. While the affidavit which the defendant is allowed to, file in a mortgage foreclosure for the purpose of making his defense is spoken of as an affidavit of illegality, it is not governed hy the ordinary rules as to affidavits of illegality.… Washington Post Co. v. Sorrells Page 510 Washington Post Company sued Sorrells in a justice’s court on a written contract, by which the defendant agreed to pay $58 for a copy of the “Executive edition of the White House Gallery of official portraits of the Presidents.” The judgment in the justice’s court was adverse to the plaintiff, and it sued out a writ… Butler, Stevens & Co. v. Hall Page 511 1. It is too well settled to question or to require any citation of authority that a general assignment of error, excepting to a judgment overruling and denying a motion for a new trial, is sufficiently specific to bring under review all the grounds of error jiroperly made in the motion for a new trial.… Blue v. Fidelity Deposit Co. Page 512 Though the justice of the peace may have erred in refusing to allow the defendant in mortgage foreclosure to amend his bond, yet it does not appear that he erred in dismissing the affidavit of illegality, it not being disclosed that the affidavit contained any meritorious, legal defense.… Watters v. Wells Page 513 An execution from a justice’s court in favor of Wells against Watters was levied on personal property.… The only issue in this ease was whether the cow sued for was lulled by “the running of the locomotive or cars of the railroad company,” or died from some natural cause.… Huguley v. State Page 515 No error of law appears, and the verdict is supported by incriminatory admissions, recent possession of the stolen property, proof of the corpus delicti, and the testimony of an accomplice.… Rome Railway & Light Co. v. Barrett Page 516 The questions of law made by the assignments of error are neither novel nor of general interest.… Hindman v. Raines Page 517 The judge of the superior court was right in overruling the certiorari on the merits, irrespective of the correctness of the reasons given for his judgment.… Day v. Steele & Sons Page 518 The evidence introduced by the defendant in support of his plea of failure-of consideration resulting from a breach of implied warranty was sufficient to carry the issue to.… Smith v. State Page 519 The defendants were convicted of burglary.… Southern Railway Co. v. Dukes Page 520 Where the right of removal exists, and the petition and bond have been filed in the State court in conformity with the statutes of the United States, the jurisdiction of the State court comes to an end.… McClendon v. State Page 521 1. The testimony of an expert, as to his opinion as such, is admissible upon any matter, if the opinion given relates to scientific or technical knowledge.… Hudgins v. State Page 522 The defendant was convicted of a violation of the prohibition law, one witness testifying that he bought whisky from her upon a designated occasion and paid sixty cents for it.… The ease rests solely upon issues of fact, which the jury settled in favor of the defendant in error; and not only some evidence, but apparently the preponderance of the evidence, supports the verdict.… Slappey v. Charles Page 525 Charles foreclosed an alleged lien for supplies furnished to Slappey’s sawmill.… Ware v. State Page 526 Ware was convicted, in the superior court of Coffee county, of a violation of §114 of the Penal Code, as amended by the act of 1907 (Acts 1907, p.… Isaacs v. State Page 527 ■ The defendant in the court below was convicted under an accusation alleging, that he “did then and there commit, the offense of cheating and swindling by means of certain false and fraudulent representations then and there knowingly made by the said A.… Smith v. State Page 528 1. The evidence authorized the verdict. 2.… Sanders v. State Page 529 In this case the evidence for the State is hardly sufficient to raise a bare suspicion of the defendant’s guilt.… Green v. State Page 530 The defendant was indicted for murder, and was convicted of voluntary manslaughter.… Mixon v. State Page 531 1. The indictment charged the defendant with the offense of murder, “for that the said George W.… Henderson v. State Page 532 1. The grounds added by amendment to the motion for a new trial are not verified or approved, and will not be considered.… Porter v. State Page 533 This was a prosecution for cheating and swindling, under the “labor-contract law” of 1903 (Acts 1903, p.… Townsend v. State Page 534 It not being affirmatively shown that the offense was committed prior to the finding of the indictment, the conviction was unauthorized by law.… Banks v. State Page 535 The decision in Cummings v. State, 110 Ga.… Johnson v. State Page 536 Johnson was convicted of a violation of the act of 1903 (Acts 1903, p.… Pugh v. State Page 537 The defendant was convicted at the August term, 1910, of Pulaski superior court.… McDonald v. State Page 538 The excerpts from the charge objected to, when considered in connection with the entire charge, contain no error.… O'Neal v. State Page 539 Though the evidence strongly indicates that the defendant was insane at the time he committed the crime for which he was convicted, yet the jury was legally authorized to find him sane.… Wimpee v. State Page 540 No error of law is complained of, and there is some evidence to support the verdict.… Baynes v. State Page 541 Tom Baynes was indicted jointly with his brother, Bob Bajmes, for the crime of murder, and, on a separate trial, was convicted of an assault with intent to murder.… Minor v. City of Atlanta Page 542 Certain police officers of the City of Atlanta went to the defendant’s “near beer” saloon and compelled him to allow them to enter an adjacent back room, in which they found hidden a quantity of intoxicating liquors; he being present and protesting.… Chapman v. State Page 543 Chapman, driving on a public highway at night, collided with a wagon driven by a man.… Davis v. State Page 544 Davis was tried on an accusation charging him, in two counts, with a violation of the prohibition law.… The court did not err in sustaining the certiorari and granting a new trial.… Spence v. State Page 546 J. H. Spence was indicted for murder, and on his trial was convicted of voluntary manslaughter.… Batson v. Higginbothem Page 547 Mrs. Higginbothem brought suit against W.… Lanham v. Presley Page 548 ON MOTION FOR REHEARING. Eor the special reasons shown in the motion we would ordinarily he inclined to grant the rehearing.… Crumpton v. State Page 549 The failure to comply with the provisions of §5488 of the Civil Code, as to the preparation of the brief of the evidence, is so flagrant and palpable as to forbid this court’s examining the facts.… Deariso v. First National Bank Page 550 The First National Bank of Sylvester held two chattel mortgages covering the same property, viz., three mules.… Browder-Manget Co. v. Edmondson Page 551 (After stating the foregoing facts.) The authorities on the question as to whether it is the duty of the lessor to deliver possession of the leased premises, or whether it is the duty of the lessee to demand possession at the time specified in the lease, are in conflict.… Caudle v. State Page 552 On tlie trial of an indictment for assault with intent to murder, tlie court charged the jury, in effect, that, to make out the crime, all the ingredients of murder must exist, except the killing, but failed' to define the crime of murder.… Goldsmith & Co. v. Marcus & Bros. Page 553 The plaintiffs in error brought a suit upon an open account against the defendants in error.… Sims v. State Page 554 Sims was convicted in the city court of LaGrange, on an accusation charging him with a misdemeanor, “for that .… People and organizations on PlainSite with a photograph on file, alphabetically. A
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