Court Cases

Dockets from the federal courts, the state courts and the agencies, with every filing PlainSite has been able to collect. Start with what people are reading this month, watch filings arrive, or browse by state, type, year or reporter.

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546,498
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18,076
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The hundred cases PlainSite readers opened most in the past 30 days.

2
Illinois Northern District Court · No. 1:93-cv-04483 · 2,630 views
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
New Jersey District Court · No. 2:33-av-00001 · 579 views
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
District Of Columbia District Court · No. 1:23-cv-01816-BAH · 428 views
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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11
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
California Court of Appeal · No. G062810 · 250 views
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
Arizona District Court · No. 2:02-cr-00477 · 176 views
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
Massachusetts District Court · No. 1:11-cv-12000-RBC · 156 views
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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22
Georgia Northern District Court · No. 1:10-mi-88888 · 145 views
25
New York Southern District Court · No. 1:07-cv-11277-RJS · 136 views
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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27
New Jersey District Court · No. 1:33-av-00001 · 126 views
30
New York Southern District Court · No. 1:15-cv-07433-LAP · 120 views
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
Florida Southern District Court · No. 0:12-cv-61742 · 116 views
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
California Central District Court · No. 2:07-cv-08310-BRO · 100 views
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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43
Florida Middle District Court · No. 8:11-cv-01224 · 94 views
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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47
New Jersey District Court · No. 3:33-av-00001 · 84 views
51
53
Indiana Southern District Court · No. 1:12-cv-01351 · 78 views
60
Rhode Island District Court · No. 1:20-cr-00099-WES-PAS · 74 views
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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64
New York Southern District Court · No. 1:16-cv-07673 · 70 views
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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66
Minnesota District Court · No. 0:26-cv-01606-KMM-ECW · 70 views
67
Court of Chancery of Delaware · No. 2022-0613-KSJM · 69 views
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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71
Georgia Northern District Court · No. 1:17-mi-99999 · 67 views
74
Texas Southern District Court · No. 1:26-cv-00485 · 67 views
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
New York Eastern District Court · No. 1:07-cv-04672-NGG-PK · 66 views
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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86
Court of Chancery of Delaware · No. 12711-VCS · 58 views
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
California Northern District Court · No. 3:24-cv-04647-MMC · 56 views
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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90
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
Court of Chancery of Delaware · No. 2018-0408-KSJM · 53 views
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 5870STATUTES-Tax Suits 9992MISC case matters requiring a judicial signature ie: letters rogatory jdgm dbtr exam 9993MISC case matters not requiring a judicial signature ie: out-of-district ntc of takg depo

All reporters › ga-app-lexis › Volume 1910

Opinions in ga-app-lexis, volume 1910
1910 Ga. App. LEXIS 1 · 4 views
(After stating the foregoing facts.) 1. We find no error in the judgment refusing a new trial, though the judgment must be amended.…
1910 Ga. App. LEXIS 2 · 4 views
(After stating the foregoing facts.) ■1.…
1910 Ga. App. LEXIS 3 · 3 views
There is no complaint of any error of law either in.…
1910 Ga. App. LEXIS 4 · 1 views
The decision in this case is controlled by the answer of the' Supreme Court to the certified question (134 Ga.…
1910 Ga. App. LEXIS 5 · 1 views
The Mercantile Claim Company, as transferee, sued the Central of Georgia Kailway Company for the value of 18 boxes of cigars lost in transit.…
1910 Ga. App. LEXIS 6 · 1 views
The plaintiffs sued for damages resulting from an alleged breach of contract.…
1910 Ga. App. LEXIS 7 · 5 views
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…
1910 Ga. App. LEXIS 8 · 2 views
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.…
1910 Ga. App. LEXIS 9 · 3 views
This was an appeal from a confession of judgment in a justice’s court.…
1910 Ga. App. LEXIS 10 · 4 views
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.…
1910 Ga. App. LEXIS 11 · 9 views
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.…
1910 Ga. App. LEXIS 12 · 2 views
The defendant in the court below was convicted of the offense of misdemeanor.…
1910 Ga. App. LEXIS 13 · 3 views
Bailey was convicted in the criminal court of Atlanta of carrying a pistol concealed.…
1910 Ga. App. LEXIS 14 · 5 views
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.…
1910 Ga. App. LEXIS 15 · 2 views
Busli and others sued Davison in the county court of Greene county.…
1910 Ga. App. LEXIS 16 · 4 views
From a judgment of a justice’s court dismissing a case-for want of -prosecution an appeal to a jury does not lie.…
1910 Ga. App. LEXIS 17 · 4 views
This is the second appearance of this case in this court.…
1910 Ga. App. LEXIS 18 · 2 views
Mrs. Stephens caused a distress warrant to be issued against McNaughton.…
1910 Ga. App. LEXIS 20 · 6 views
The E. E. Forbes Piano Company brought a suit against Hixon in the city court of Polk county for $528.46.…
1910 Ga. App. LEXIS 21 · 6 views
The defendant was'convicted of the offense of attempting to wreck a railroad train.…
1910 Ga. App. LEXIS 22 · 2 views
The Planters Phosphate & Fertilizer Company brought suit upon an account, against Mrs. Orr, for certain fertilizer which it alleged it had furnished her.…
1910 Ga. App. LEXIS 23 · 2 views
T. L. Langston & Co. brought suit against the R.C.…
1910 Ga. App. LEXIS 24 · 3 views
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…
1910 Ga. App. LEXIS 25 · 5 views
The Gray Lumber Company brought trespass against Harris et al.…
1910 Ga. App. LEXIS 26 · 1 views
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…
1910 Ga. App. LEXIS 27 · 0 views
This was a suit in a justice’s court, on a promissory note, against the maker by the holder, who was not the payee.…
1910 Ga. App. LEXIS 28 · 1 views
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.…
1910 Ga. App. LEXIS 29 · 1 views
The Palmer Hardware Company sued Blumenfeld on an account for the purchase-price of certain stove and plow castings, amounting to $68.41.…
1910 Ga. App. LEXIS 30 · 4 views
This was a suit to recover damages for a breach of contract of carriage, based on the following state of facts.…
1910 Ga. App. LEXIS 31 · 1 views
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.…
1910 Ga. App. LEXIS 32 · 1 views
The court properly allowed the amendment of the judgment.…
1910 Ga. App. LEXIS 33 · 2 views
This case involves $33.50. No material error of law was committed.…
1910 Ga. App. LEXIS 34 · 1 views
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.
1910 Ga. App. LEXIS 35 · 1 views
1. The bailee, as a general rule, can not deny the title of his bailor; and.…
1910 Ga. App. LEXIS 36 · 0 views
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.…
1910 Ga. App. LEXIS 37 · 2 views
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…
1910 Ga. App. LEXIS 38 · 1 views
No error of law is complained of, and no question of law is made by the record.…
1910 Ga. App. LEXIS 39 · 3 views
1. Lazenby sued out a possessory warrant against Butler, his cropper, to recover possession of a bale of cotton.…
1910 Ga. App. LEXIS 41 · 5 views
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.…
1910 Ga. App. LEXIS 42 · 2 views
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…
1910 Ga. App. LEXIS 43 · 1 views
1. The city court of Quitman has jurisdiction to try warrants to eject intruders.…
1910 Ga. App. LEXIS 44 · 7 views
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.…
1910 Ga. App. LEXIS 45 · 6 views
1. The court did not err in overruling the objection to the juror who was challenged on account of relationship.…
1910 Ga. App. LEXIS 46 · 1 views
1. There was no error in overruling the demurrer.…
1910 Ga. App. LEXIS 47 · 7 views
The defendant was indicted for breaking into and entering a railroad-car in the custody of the Southern Bailway Company.…
1910 Ga. App. LEXIS 48 · 5 views
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.…
1910 Ga. App. LEXIS 49 · 1 views
The incriminating circumstances raise a-grave suspicion of the defendant’s guilt, but are consistent with his innocence.…
1910 Ga. App. LEXIS 50 · 3 views
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.…
1910 Ga. App. LEXIS 51 · 2 views
1. Only such substantial compliance with the provisions of the act of 1899 (Acts 1899, p.…
1910 Ga. App. LEXIS 52 · 2 views
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…
1910 Ga. App. LEXIS 53 · 3 views
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…
1910 Ga. App. LEXIS 54 · 6 views
We think that the court properly dismissed the motion for a new trial in this case.…
1910 Ga. App. LEXIS 55 · 3 views
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.…
1910 Ga. App. LEXIS 56 · 7 views
The defendant in the court below was convicted of the offense of burglary.…
1910 Ga. App. LEXIS 57 · 2 views
This was a suit on promissory notes; defense, partial failure of consideration; verdict for the plaintiff.…
1910 Ga. App. LEXIS 58 · 6 views
This was a suit against the railroad company to recover damages for injuries to a horse.…
1910 Ga. App. LEXIS 59 · 2 views
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.…
1910 Ga. App. LEXIS 60 · 1 views
The evidence was insufficient to authorize the conviction of the defendant, and a new trial should have been granted.…
1910 Ga. App. LEXIS 61 · 2 views
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.…
1910 Ga. App. LEXIS 62 · 4 views
The defendant was convicted in the lower court of a violation of the “labor-contract law” of 1903 (Acts 1903, p.…
1910 Ga. App. LEXIS 63 · 3 views
There was no error in refusing a nonsuit, or in declining to grant a new trial.…
1910 Ga. App. LEXIS 64 · 0 views
The criticisms made as to excerpts from the charge, when considered in connection wdth the entire charge, are without substantial merit.…
1910 Ga. App. LEXIS 65 · 1 views
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.…
1910 Ga. App. LEXIS 66 · 6 views
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.…
1910 Ga. App. LEXIS 67 · 1 views
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…
1910 Ga. App. LEXIS 68 · 8 views
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.…
1910 Ga. App. LEXIS 69 · 11 views
The defendant was convicted of cheating and swindling.…
1910 Ga. App. LEXIS 70 · 6 views
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.…
1910 Ga. App. LEXIS 71 · 0 views
1. There /was no error in refusing to continue the case.…
1910 Ga. App. LEXIS 72 · 1 views
1. The assignments of error are without merit.…
1910 Ga. App. LEXIS 73 · 3 views
The points presented in the certiorari are without merit.…
1910 Ga. App. LEXIS 74 · 5 views
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.…
1910 Ga. App. LEXIS 75 · 1 views
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.…
1910 Ga. App. LEXIS 76 · 4 views
It will be necessary to extend this opinion to an unusual length, in order to cover the ease as presented in this court.…
1910 Ga. App. LEXIS 77 · 3 views
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.…
1910 Ga. App. LEXIS 78 · 0 views
■ 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.…
1910 Ga. App. LEXIS 79 · 11 views
The plaintiff brought suit in the city court of Macon against the Central of Georgia Railway Company for $25,-000 damages.…
1910 Ga. App. LEXIS 80 · 1 views
1. Under the instructions of the Supreme Court in response to the certified questions (134 Ga.…
1910 Ga. App. LEXIS 81 · 0 views
1. This case is controlled by Loeb v. Jennings, 133 Ga.…
1910 Ga. App. LEXIS 82 · 0 views
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.…
1910 Ga. App. LEXIS 83 · 1 views
The Liberty Fruit Products Company brought a suit against S.…
1910 Ga. App. LEXIS 84 · 6 views
This caso lias previously been before this court, and is reported in 1 Ga.…
1910 Ga. App. LEXIS 85 · 4 views
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.…
1910 Ga. App. LEXIS 86 · 4 views
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…
1910 Ga. App. LEXIS 87 · 3 views
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.…
1910 Ga. App. LEXIS 88 · 9 views
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.…
1910 Ga. App. LEXIS 89 · 1 views
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.…
1910 Ga. App. LEXIS 90 · 2 views
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…
1910 Ga. App. LEXIS 91 · 3 views
McMahan recovered a judgment in trover against Wilkins for three bales of cotton, and Wilkins excepts.…
1910 Ga. App. LEXIS 92 · 6 views
(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.…
1910 Ga. App. LEXIS 93 · 6 views
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.…
1910 Ga. App. LEXIS 94 · 5 views
1. As to the element of the defendant’s negligence, there was ample evidence to make a case for submission to the jury.…
1910 Ga. App. LEXIS 95 · 3 views
There was no merit in the demurrer, to the overruling of which defendant excepted pendente lite.…
1910 Ga. App. LEXIS 96 · 3 views
]. 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.…
1910 Ga. App. LEXIS 97 · 5 views
The defendant was adjudged guilty of assault and battery.…
1910 Ga. App. LEXIS 98 · 3 views
The decision of the Supreme Court upon the constitutional question certified by this court (134 Oct.…
1910 Ga. App. LEXIS 99 · 4 views
1. The questions raised in this record are fully controlled by the decision of this court in Wright v. Sheppard, 5 Ga.…
1910 Ga. App. LEXIS 100 · 9 views
1. Hearsay is generally not admissible as evidence.…
1910 Ga. App. LEXIS 101 · 3 views
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'-.…
1910 Ga. App. LEXIS 102 · 4 views
Glade Brown was convicted of cheating and swindling, under the act of 1903, commonly known as the “labor-contract act” (Acts 1903, p.…
1910 Ga. App. LEXIS 103 · 0 views
The beadnote states enough of the facts for an understanding of the case.…
1910 Ga. App. LEXIS 104 · 4 views
The evidence supports the verdict. Judgment affirmed.
1910 Ga. App. LEXIS 105 · 5 views
Jack Walker was convicted, in tbe city court of Monticello, of selling whisky.…
1910 Ga. App. LEXIS 106 · 6 views
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…
1910 Ga. App. LEXIS 107 · 2 views
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.…
1910 Ga. App. LEXIS 108 · 2 views
The evidence for the defendants made an undisputed case of non-liability.…
1910 Ga. App. LEXIS 109 · 7 views
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.…
1910 Ga. App. LEXIS 110 · 0 views
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…
1910 Ga. App. LEXIS 111 · 5 views
A verdict for tlie plaintiff was not demanded by tlie evidence, and the court erred in directing- tlie verdict.…
1910 Ga. App. LEXIS 112 · 2 views
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.…
1910 Ga. App. LEXIS 113 · 1 views
The defendant in error brought suit in a justice’s court against the plaintiff in error.…
1910 Ga. App. LEXIS 114 · 2 views
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…
1910 Ga. App. LEXIS 115 · 1 views
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…
1910 Ga. App. LEXIS 116 · 12 views
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…
1910 Ga. App. LEXIS 117 · 2 views
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.…
1910 Ga. App. LEXIS 118 · 1 views
Granger sued the railway company to recover damages for the killing of a cow, and obtained a verdict.…
1910 Ga. App. LEXIS 119 · 5 views
The defendant’s plea failing to present any issuable defense, tlie demurrer thereto was properly sustained.…
1910 Ga. App. LEXIS 120 · 3 views
.1, 2. The first and second beadnotes arc self-explanatory.…
1910 Ga. App. LEXIS 121 · 10 views
(After stating the foregoing facts.) We think it would have been error to have nonsuited the plaintiff.…
1910 Ga. App. LEXIS 122 · 3 views
We see no error in the judgment overruling the demurrer of the insurance company.…
1910 Ga. App. LEXIS 123 · 5 views
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…
1910 Ga. App. LEXIS 124 · 2 views
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.…
1910 Ga. App. LEXIS 125 · 2 views
The Hartman Stock Farm brought a suit upon a promissory note for $933, attaching to its petition a copy of the note.…
1910 Ga. App. LEXIS 126 · 6 views
(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…
1910 Ga. App. LEXIS 127 · 4 views
The court erred in directing a verdict for the plaintiff.…
1910 Ga. App. LEXIS 128 · 5 views
Mrs. Ransom brought suit against the Georgia Southern & Florida Railway Company to recover damages for an.…
1910 Ga. App. LEXIS 129 · 4 views
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.…
1910 Ga. App. LEXIS 130 · 5 views
Under the ruling in Conder v. Eolleman, 71 Qa.…
1910 Ga. App. LEXIS 131 · 4 views
1. The right of certiorari is a constitutional right, and may be used to review any judgment of an inferior judicatory.…
1910 Ga. App. LEXIS 132 · 1 views
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.…
1910 Ga. App. LEXIS 133 · 1 views
1. The plaintiff proved his case as laid, and it was error to award a nonsuit.…
1910 Ga. App. LEXIS 135 · 3 views
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.…
1910 Ga. App. LEXIS 136 · 2 views
W. G. Solomon Jr. obtained a judgment in a justice’s court against W.…
1910 Ga. App. LEXIS 137 · 5 views
Smith sued the bank for general damages resulting to him from the wrongful protest of two checks drawn by him on his bank account.…
1910 Ga. App. LEXIS 138 · 3 views
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.…
1910 Ga. App. LEXIS 139 · 3 views
The Bank of Cave Spring brought suit against the administratrix of W.…
1910 Ga. App. LEXIS 140 · 0 views
The plaintiff did not prove the allegations of his petition as laid, and the court did not err in granting a nonsuit.…
1910 Ga. App. LEXIS 141 · 1 views
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.…
1910 Ga. App. LEXIS 142 · 5 views
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…
1910 Ga. App. LEXIS 143 · 5 views
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.…
1910 Ga. App. LEXIS 144 · 3 views
In the court below the plaintiff in error filed an affidavit of illegality to the foreclosure of a chattel mortgage.…
1910 Ga. App. LEXIS 145 · 6 views
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.…
1910 Ga. App. LEXIS 146 · 2 views
This was a contest for certain funds in the hands of the sheriff as the proceeds of a lot of lumber.…
1910 Ga. App. LEXIS 147 · 1 views
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…
1910 Ga. App. LEXIS 148 · 4 views
The defendants in error filed the following motion, which is verified by the record and amply supported by evidence, and not.…
1910 Ga. App. LEXIS 149 · 4 views
1. The method of service on fraternal beneficial associations, provided by the act of 1900 (Acts 1900, p.…
1910 Ga. App. LEXIS 150 · 2 views
F. H. Ansley sued the Southern Bailway Company for damages, and recovered a verdict for $11,000.…
1910 Ga. App. LEXIS 151 · 4 views
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.…
1910 Ga. App. LEXIS 152 · 0 views
The allegations of the petition bring this ease squarely within the decisions of this court in Whitfield v. L.…
1910 Ga. App. LEXIS 153 · 1 views
Hollis, the plaintiff, was a cotton ginner, and the Farmers Union Warehouse Company was a cotton-warehouse corporation.…
1910 Ga. App. LEXIS 154 · 2 views
(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.…
1910 Ga. App. LEXIS 155 · 4 views
The errors of law assigned are entirely without merit, and the evidence demanded the verdict as directed.…
1910 Ga. App. LEXIS 156 · 5 views
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.…
1910 Ga. App. LEXIS 157 · 2 views
The evidence demanded the verdict as directed by the court, and any error of law was immaterial.…
1910 Ga. App. LEXIS 158 · 0 views
Butler, Stevens & Company brought suit' on an open account against J.…
1910 Ga. App. LEXIS 159 · 2 views
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.…
1910 Ga. App. LEXIS 160 · 1 views
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.…
1910 Ga. App. LEXIS 161 · 4 views
(After stating the foregoing facts.) The above is substantially the evidence for both sides.…
1910 Ga. App. LEXIS 162 · 0 views
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…
1910 Ga. App. LEXIS 163 · 1 views
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.…
1910 Ga. App. LEXIS 164 · 2 views
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
1910 Ga. App. LEXIS 165 · 3 views
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.…
1910 Ga. App. LEXIS 166 · 1 views
The bill of exceptions was certified by the judge on June 17.…
1910 Ga. App. LEXIS 167 · 2 views
The evidence amply supports the verdict. Judgment affirmed.
Hunt v. State Page 168
1910 Ga. App. LEXIS 168 · 8 views
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…
1910 Ga. App. LEXIS 169 · 2 views
It seems to be difficult for the courts to teach Plummer that the way of the transgressor is hard.…
1910 Ga. App. LEXIS 170 · 2 views
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.…
1910 Ga. App. LEXIS 172 · 2 views
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.…
1910 Ga. App. LEXIS 173 · 4 views
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.…
1910 Ga. App. LEXIS 174 · 5 views
The exceptions as to alleged errors of law are wholly without merit, and the verdict is supported by the evidence.…
1910 Ga. App. LEXIS 175 · 2 views
1. The defendant was indicted for murder and convicted of voluntary manslaughter.…
1910 Ga. App. LEXIS 176 · 2 views
The exeerpt from the charge, objected to, when considered in connection with the context immediately preceding and following the exeerpt, is entirely without error.…
1910 Ga. App. LEXIS 177 · 4 views
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.…
1910 Ga. App. LEXIS 178 · 4 views
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
1910 Ga. App. LEXIS 179 · 2 views
No error of law is complained of, and the evidence amply supports the verdict.…
1910 Ga. App. LEXIS 180 · 3 views
The evidence authorized the conviction. Judgment affi/rmed.
1910 Ga. App. LEXIS 181 · 4 views
McConnell was convicted of selling intoxicating liquors iü violation of the prohibition law.…
1910 Ga. App. LEXIS 182 · 3 views
1. The proposition stated in the first headnote is fully sustained by Tucker v. State, 135 Ga.…
1910 Ga. App. LEXIS 183 · 0 views
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…
1910 Ga. App. LEXIS 184 · 1 views
1. The ground added by amendment to the motion for a new trial is not verified or approved, and will not be considered.…
1910 Ga. App. LEXIS 185 · 0 views
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.…
1910 Ga. App. LEXIS 186 · 0 views
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.…
1910 Ga. App. LEXIS 187 · 1 views
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.…
1910 Ga. App. LEXIS 188 · 0 views
The evidence authorized the conviction of the.…
1910 Ga. App. LEXIS 189 · 4 views
1. The evidence authorized the conviction, and the ruling is controlled by the decisions in Colbert v. State, supra, Griffin v. State, 2 Ga.…
1910 Ga. App. LEXIS 190 · 5 views
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.…
1910 Ga. App. LEXIS 191 · 3 views
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.…
1910 Ga. App. LEXIS 192 · 3 views
The plaintiff in error relied upon a pauper’s affidavit to avoid the payment of the costs in this court.…
1910 Ga. App. LEXIS 193 · 6 views
The motion for a new trial in this case was overruled on July 4.…
1910 Ga. App. LEXIS 194 · 1 views
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…
1910 Ga. App. LEXIS 195 · 5 views
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
1910 Ga. App. LEXIS 196 · 13 views
Dr. Lee was convicted of violating the act of August 22, 1907 (Ga.…
1910 Ga. App. LEXIS 197 · 2 views
Only tlie proposition stated in the second headnote seems to require any further statement.…
1910 Ga. App. LEXIS 198 · 3 views
This case is controlled hy Blanchard v. State, No. 2889, ante, 419.…
1910 Ga. App. LEXIS 199 · 1 views
The defendant was convicted of a misdemeanor, and excepts to tlie judgment overruling his motion for new- trial.…
1910 Ga. App. LEXIS 200 · 4 views
1. In a contest between the holder of a fi.…
1910 Ga. App. LEXIS 201 · 2 views
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…
1910 Ga. App. LEXIS 203 · 1 views
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…
1910 Ga. App. LEXIS 204 · 0 views
1. There was no error in overruling the motion to strike certain parts of the answer.…
1910 Ga. App. LEXIS 205 · 2 views
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.…
1910 Ga. App. LEXIS 206 · 2 views
Perry brought suit against the Georgia Southern & Florida Railway Company, alleging, that on September 8, 1909, he was approaching a street-crossing of the.…
1910 Ga. App. LEXIS 207 · 0 views
Tlie evidence demanded the verdict as directed, and any error of law was immaterial.…
1910 Ga. App. LEXIS 208 · 0 views
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
1910 Ga. App. LEXIS 209 · 5 views
The defendant was tried in the superior court of Johnson county, for the offense of murder, and convicted of voluntary manslaughter.…
1910 Ga. App. LEXIS 210 · 3 views
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.…
1910 Ga. App. LEXIS 211 · 1 views
Prator was indicted for assault with intent to murder, and convicted of shooting at another.…
Fant v. State Page 212
1910 Ga. App. LEXIS 212 · 4 views
The defendant was indicted for murder and convicted of voluntary manslaughter.…
1910 Ga. App. LEXIS 213 · 3 views
Armour & Co. brought a suit against R. K.…
1910 Ga. App. LEXIS 214 · 1 views
The defendant was convicted of the offense of hog-stealing.…
1910 Ga. App. LEXIS 215 · 10 views
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…
1910 Ga. App. LEXIS 216 · 0 views
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.…
1910 Ga. App. LEXIS 217 · 7 views
The defendant was indicted and convicted of the offense of misdemeanor.…
1910 Ga. App. LEXIS 218 · 1 views
The defendant was indicted for assault with intent to murder, and was convicted of the offense of shooting at another.…
1910 Ga. App. LEXIS 219 · 3 views
(After stating the foregoing facts.) We can not say from a juridic standpoint that the foregoing evidence is not sufficient to suppori the verdict.…
1910 Ga. App. LEXIS 220 · 21 views
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…
1910 Ga. App. LEXIS 221 · 4 views
1. Under section 114 of the Penal Code of 1895, as amended by the act of 1907 (Acts 1907, p.…
1910 Ga. App. LEXIS 222 · 0 views
The court did not err in overruling the certiorari.…
1910 Ga. App. LEXIS 223 · 0 views
No error of law is complained of, and the evidence supports the verdict.…
1910 Ga. App. LEXIS 224 · 2 views
No error of law appears, and the verdict is supported hy the evidence.…
1910 Ga. App. LEXIS 225 · 4 views
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.…
1910 Ga. App. LEXIS 226 · 0 views
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.…
1910 Ga. App. LEXIS 227 · 2 views
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…
1910 Ga. App. LEXIS 228 · 1 views
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.…
1910 Ga. App. LEXIS 229 · 4 views
The State’s witness approached the defendant and told him that he wanted a quart of liquor.…
1910 Ga. App. LEXIS 230 · 4 views
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.…
1910 Ga. App. LEXIS 231 · 4 views
Riley Miliken was indicted for murder — tlie homicide of John Tyre — and was convicted of voluntary manslaughter.…
1910 Ga. App. LEXIS 232 · 3 views
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.…
1910 Ga. App. LEXIS 233 · 5 views
1. The motion to dismiss the writ of error is not well taken.…
1910 Ga. App. LEXIS 234 · 4 views
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…
1910 Ga. App. LEXIS 235 · 5 views
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…
1910 Ga. App. LEXIS 236 · 6 views
The proposition stated in the foregoing headnote is too well settled to need discussion.…
1910 Ga. App. LEXIS 237 · 3 views
Whitfield sued for damages on account of personal injuries received by him while employed by the defendant company in the State of Tennessee.…
1910 Ga. App. LEXIS 238 · 2 views
Plaintiffs instituted proceedings under section 4808 et seq.…
1910 Ga. App. LEXIS 239 · 4 views
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.…
1910 Ga. App. LEXIS 240 · 4 views
John E. Dunnington brought suit against the Charleston & Western Carolina Railway Company to recover damages for the homicide of his son, Winfield S.…
1910 Ga. App. LEXIS 241 · 3 views
1. The White Sewing Machine Company brought suit against G.…
1910 Ga. App. LEXIS 242 · 5 views
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.…
1910 Ga. App. LEXIS 243 · 0 views
The case was fairly submitted to the jury by the charge of the court.…
1910 Ga. App. LEXIS 244 · 4 views
The three defendants in error brought their separate actions against the Georgia Railroad and Banking Company.…
1910 Ga. App. LEXIS 245 · 2 views
J. Crouch. & Son brought suit against Pidcock and the several other defendants named, upon a plain promissory note, payable to J.…
1910 Ga. App. LEXIS 246 · 1 views
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.…
1910 Ga. App. LEXIS 247 · 0 views
The evidence not demanding the verdict as rendered, the first grant of a new trial will not be disturbed.…
1910 Ga. App. LEXIS 248 · 2 views
Carson ordered a bill of goods from Ederheimer, Stein & Company, consisting of clothing for the spring trade.…
1910 Ga. App. LEXIS 249 · 8 views
Knox brought suit in a justice’s court, naming as defendant, "Estate D.…
1910 Ga. App. LEXIS 250 · 0 views
Whaley & Rivers were brokers in long-staple cotton, doing business in Charleston, South Carolina.…
1910 Ga. App. LEXIS 251 · 3 views
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.…
1910 Ga. App. LEXIS 252 · 3 views
A panel of regularly drawn and summoned jurors being incomplete, the judge directed the sheriff to summon talesmen to complete the panel.…
1910 Ga. App. LEXIS 253 · 0 views
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…
1910 Ga. App. LEXIS 254 · 4 views
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.…
1910 Ga. App. LEXIS 255 · 4 views
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…
1910 Ga. App. LEXIS 256 · 3 views
The suit was for $180, the purchase-price of goods sold and delivered.…
1910 Ga. App. LEXIS 257 · 5 views
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…
1910 Ga. App. LEXIS 258 · 1 views
This court at the March term, 1907, held that the trial judge erred in not sustaining the general demurrer to the plaintiff’s petition.…
1910 Ga. App. LEXIS 259 · 2 views
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.…
1910 Ga. App. LEXIS 260 · 1 views
The testimony in this case is such that the verdict rendered was almost legally demanded, but not quite so.…
1910 Ga. App. LEXIS 261 · 0 views
1. The plaintiffs, wlio were general merchants, sold to Zipperer a quantity of fertilizer to be used on hi's farm.…
1910 Ga. App. LEXIS 262 · 2 views
No reversible error of law appears, and the evidence fully sustains the verdict rendered.…
1910 Ga. App. LEXIS 263 · 3 views
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…
1910 Ga. App. LEXIS 264 · 2 views
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.…
1910 Ga. App. LEXIS 265 · 0 views
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.…
1910 Ga. App. LEXIS 266 · 2 views
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…
1910 Ga. App. LEXIS 267 · 1 views
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.…
1910 Ga. App. LEXIS 268 · 5 views
Only one question is involved in this case.…
1910 Ga. App. LEXIS 269 · 2 views
Garfield Beaty was convicted of selling whisky in Cobb county.…
1910 Ga. App. LEXIS 270 · 0 views
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.
1910 Ga. App. LEXIS 271 · 2 views
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.…
1910 Ga. App. LEXIS 272 · 5 views
The Eagle Eire Insurance Company of New York issued a policy to Speer, covering his property.…
1910 Ga. App. LEXIS 273 · 6 views
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.…
1910 Ga. App. LEXIS 274 · 1 views
The evidence authorized the verdict) The admission of the evidence objected to, even if erroneous, was not of sufficient materiality to justify a reversal.…
1910 Ga. App. LEXIS 275 · 0 views
This case is fully controlled by the decision of this court in Bray v. Commerce, 5 Ga.…
1910 Ga. App. LEXIS 276 · 2 views
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.…
1910 Ga. App. LEXIS 277 · 0 views
No error appears, and the finding of the recorder is supported by the evidence.…
1910 Ga. App. LEXIS 279 · 1 views
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.…
1910 Ga. App. LEXIS 280 · 2 views
1. There was no error in overruling the motion for continuance.…
1910 Ga. App. LEXIS 281 · 0 views
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
1910 Ga. App. LEXIS 282 · 1 views
The ease is controlled by Barnes v. State, 3 Ga.…
1910 Ga. App. LEXIS 283 · 3 views
The testimony makes it very clear that there was a burglary, and that the defendant was the burglar.…
1910 Ga. App. LEXIS 284 · 0 views
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.…
1910 Ga. App. LEXIS 285 · 4 views
1. The grounds in the amendment to the motion for a new trial are not approved by the court, and therefore, are not considered.…
1910 Ga. App. LEXIS 286 · 7 views
The Illinois Sewing Machine Company sued Cole as maker of certain promissory notes.…
1910 Ga. App. LEXIS 287 · 4 views
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…
1910 Ga. App. LEXIS 288 · 1 views
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.…
1910 Ga. App. LEXIS 289 · 4 views
Duckworth sued the railway company for the loss of a lot of household goods.…
1910 Ga. App. LEXIS 290 · 2 views
Exception is taken to the award of a nonsuit.…
1910 Ga. App. LEXIS 291 · 4 views
Martin filed, suit in the city court of Eeidsville on two promissory notes made by the defendant to one Kennedy.…
1910 Ga. App. LEXIS 292 · 1 views
On November 15, 1905, Burch made to Leitch a warranty deed to a parcel of land, for a consideration of $1,239.60.…
1910 Ga. App. LEXIS 293 · 5 views
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…
1910 Ga. App. LEXIS 294 · 1 views
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…
1910 Ga. App. LEXIS 295 · 3 views
The evidence authorized the verdict, and there was no error which requires the grant of a new trial.…
1910 Ga. App. LEXIS 296 · 3 views
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.…
1910 Ga. App. LEXIS 297 · 7 views
The defendant was indicted for the offense of assault with intent to murder, and upon his trial was found guilty of stabbing.…
1910 Ga. App. LEXIS 298 · 2 views
Vickers obtained a judgment against Mary J.…
1910 Ga. App. LEXIS 299 · 1 views
Hunt sued the railroad company for personal injuries.…
1910 Ga. App. LEXIS 300 · 1 views
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.…
1910 Ga. App. LEXIS 301 · 0 views
This ease is identical with that of Manus v. State, ante, and is controlled thereby.…
1910 Ga. App. LEXIS 302 · 5 views
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.…
1910 Ga. App. LEXIS 303 · 3 views
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.…
1910 Ga. App. LEXIS 304 · 6 views
Anna Mullins sued the Central of Georgia Railway .Company for damages on account of the homicide of her husband-.…
1910 Ga. App. LEXIS 305 · 3 views
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.…
1910 Ga. App. LEXIS 306 · 0 views
1. The law applicable to the issues made by the evidence was fairly, fully, and correctly presented to the jury.…
1910 Ga. App. LEXIS 307 · 3 views
1. This case is fully controlled by the decisions of the Supreme Court in Dodson Printers’ Supply Co. v. Harris, 114 Ga.…
1910 Ga. App. LEXIS 308 · 2 views
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.…
1910 Ga. App. LEXIS 309 · 1 views
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.…
1910 Ga. App. LEXIS 310 · 0 views
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.…
1910 Ga. App. LEXIS 311 · 4 views
In December, 1906, the board of commissioners of roads and revenues for Floyd county elected B.…
1910 Ga. App. LEXIS 312 · 0 views
No error of law appears, and the verdict is supported by some evidence.…
Hill v. Jones Page 313
1910 Ga. App. LEXIS 313 · 2 views
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.…
1910 Ga. App. LEXIS 314 · 2 views
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.…
1910 Ga. App. LEXIS 315 · 1 views
1. The court erred in sustaining the demurrer to the petition..…
1910 Ga. App. LEXIS 316 · 0 views
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.…
1910 Ga. App. LEXIS 317 · 1 views
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.…
1910 Ga. App. LEXIS 318 · 0 views
The decision of this ease is controlled by the ruling of the Supreme Court in Dorsey v. State, 108 Ga.…
1910 Ga. App. LEXIS 319 · 0 views
1. The defendants were tried jointly for a violation of a municipal ordinance.…
Huey v. State Page 320
1910 Ga. App. LEXIS 320 · 9 views
(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…
1910 Ga. App. LEXIS 321 · 2 views
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
1910 Ga. App. LEXIS 322 · 5 views
This was a conviction of a violation of § 670 of the Penal Code, defining general offenses of cheating and swindling.…
1910 Ga. App. LEXIS 323 · 5 views
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…
1910 Ga. App. LEXIS 324 · 0 views
The defendant was convicted upon an accusation charging him with the offense of carrying a concealed weapon.…
1910 Ga. App. LEXIS 325 · 2 views
Walker was convicted by the mayor of the city of Dawson of the violation of a certain city ordinance.…
1910 Ga. App. LEXIS 326 · 5 views
The defendant was convicted of a violation of the “labor-contract act” of 1903 (Acts 1903, p.…
1910 Ga. App. LEXIS 327 · 2 views
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…
1910 Ga. App. LEXIS 328 · 1 views
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.…
1910 Ga. App. LEXIS 329 · 5 views
The People’s Bank of Calhoun instituted suit against the Pendley Lumber Company, a partnership composed of William Pendley, Willis Pendley, and L.…
1910 Ga. App. LEXIS 330 · 3 views
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.…
1910 Ga. App. LEXIS 331 · 6 views
MeFeeley agreed to purchase a piano from the 'Cable Company and to give in exchange therefor an organ and $210 in money.…
1910 Ga. App. LEXIS 332 · 5 views
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.…
1910 Ga. App. LEXIS 333 · 2 views
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.…
1910 Ga. App. LEXIS 334 · 4 views
The petition as amended alleged that the defendant, P.…
1910 Ga. App. LEXIS 335 · 4 views
1. The questions of law involved are controlled by the decision of this court in Athens v. Atlanta, 6 Ga.…
1910 Ga. App. LEXIS 336 · 0 views
1. In the main, the case is governed'by the decision this d'ay rendered in Whitley v. Atlanta, supra (67 S.…
1910 Ga. App. LEXIS 337 · 4 views
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.…
1910 Ga. App. LEXIS 338 · 4 views
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…
1910 Ga. App. LEXIS 339 · 2 views
1. The constitutional questions made in this ease are fully controlled by the decision of the Supreme Court in Loeb v. Jennings, 133 Ga.…
1910 Ga. App. LEXIS 340 · 3 views
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.…
1910 Ga. App. LEXIS 341 · 2 views
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…
1910 Ga. App. LEXIS 342 · 3 views
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.…
1910 Ga. App. LEXIS 343 · 0 views
No error of law is complained of, and there is some evidence to support the verdict.…
1910 Ga. App. LEXIS 344 · 2 views
(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?…
1910 Ga. App. LEXIS 345 · 0 views
The payee of a promissory note for $130 brought suit against the maker.…
1910 Ga. App. LEXIS 346 · 4 views
The maker of a promissory note filed a sworn petition to enjoin the collection of the note, and obtained a restraining- order.…
1910 Ga. App. LEXIS 347 · 1 views
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.…
1910 Ga. App. LEXIS 348 · 5 views
1. It is expressly ruled by this court in Brantley Co. v. Southerland, 1 Ga.…
1910 Ga. App. LEXIS 349 · 3 views
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.…
1910 Ga. App. LEXIS 350 · 1 views
The allegations of the petition were substantially proved as laid, and the judgment of nonsuit was erroneous.…
1910 Ga. App. LEXIS 351 · 5 views
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.…
1910 Ga. App. LEXIS 352 · 5 views
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.…
1910 Ga. App. LEXIS 353 · 3 views
This was a suit in a justice’s court, to recover damages for a breach of a forthcoming bond.…
1910 Ga. App. LEXIS 354 · 1 views
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.…
1910 Ga. App. LEXIS 355 · 1 views
The defendant was convicted of the offense of larceny after trust.…
1910 Ga. App. LEXIS 356 · 3 views
1. In determining whether a petition for certiorari should be sanctioned, the judge must look to the petition alone.…
1910 Ga. App. LEXIS 357 · 2 views
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.…
1910 Ga. App. LEXIS 358 · 1 views
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.…
1910 Ga. App. LEXIS 359 · 5 views
In this case an attachment was sued out against A.…
1910 Ga. App. LEXIS 360 · 5 views
The Corona Coal and Iron Company sued J. T.…
1910 Ga. App. LEXIS 361 · 2 views
The plaintiff in error brought a suit for damages against the Southern Bell Telephone and.…
1910 Ga. App. LEXIS 362 · 7 views
1. The first headnote is a sufficient elaboration of the ruling therein contained.…
Gary v. State Page 363
1910 Ga. App. LEXIS 363 · 3 views
John Gary was tried for a violation of the prohibition law (Acts 1907, p.…
1910 Ga. App. LEXIS 364 · 6 views
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.…
1910 Ga. App. LEXIS 365 · 8 views
Wheeler brought a suit against Deen, alleging, that the defendant was the.…
1910 Ga. App. LEXIS 366 · 2 views
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.…
1910 Ga. App. LEXIS 367 · 0 views
1. The ownership of the property alleged to have been stolen is sufficiently proved.…
1910 Ga. App. LEXIS 368 · 3 views
It goes without saying that after the very careful consideration of the questions involved in the case of Rose v. State, 4 Ga.…
1910 Ga. App. LEXIS 369 · 0 views
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…
1910 Ga. App. LEXIS 370 · 5 views
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.…
1910 Ga. App. LEXIS 371 · 4 views
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
1910 Ga. App. LEXIS 372 · 4 views
Day sued W. H. Eogers and Julia P. Eogers on a promissory note.…
Jones v. Pope Page 373
1910 Ga. App. LEXIS 373 · 12 views
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.…
1910 Ga. App. LEXIS 374 · 2 views
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.…
1910 Ga. App. LEXIS 375 · 3 views
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.…
1910 Ga. App. LEXIS 376 · 4 views
1. The evidence seemed to have preponderated in behalf of the accused.…
1910 Ga. App. LEXIS 377 · 5 views
(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…
1910 Ga. App. LEXIS 378 · 5 views
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.…
1910 Ga. App. LEXIS 379 · 6 views
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.…
1910 Ga. App. LEXIS 380 · 5 views
1. The evidence authorized the defendant’s conviction.…
1910 Ga. App. LEXIS 381 · 0 views
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…
1910 Ga. App. LEXIS 382 · 4 views
. 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.…
1910 Ga. App. LEXIS 383 · 1 views
No venue having been shown, the judge of the superior court should have sanctioned the petition for certiorari.…
1910 Ga. App. LEXIS 384 · 4 views
1. The motion to continue the case was apparently made for the purpose of delay only.…
1910 Ga. App. LEXIS 385 · 7 views
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.…
1910 Ga. App. LEXIS 386 · 6 views
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.…
1910 Ga. App. LEXIS 387 · 2 views
The petitioner sought to recover damages as compensation for injuries which he received in an elevator of the defendant company.…
1910 Ga. App. LEXIS 388 · 3 views
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.…
1910 Ga. App. LEXIS 389 · 2 views
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…
1910 Ga. App. LEXIS 390 · 2 views
1. A train of the defendant company killed one of Mrs. Minchew’s mules.…
1910 Ga. App. LEXIS 391 · 3 views
Lamar-Banlrin Drug Company brought a suit in the city court of LaGrange, asking judgment against O.…
1910 Ga. App. LEXIS 392 · 8 views
1. Both tlie venue and the fact that the offense charged was committed within the statute of limitations were proved directly and circumstantially.…
1910 Ga. App. LEXIS 393 · 0 views
The defendant was charged with a misdemeanor.…
1910 Ga. App. LEXIS 394 · 3 views
Some of the testimony authorized, a finding that the real complaining party (a married woman) signed the note sued on as surety only.…
1910 Ga. App. LEXIS 395 · 1 views
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.…
1910 Ga. App. LEXIS 396 · 6 views
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…
1910 Ga. App. LEXIS 397 · 4 views
Adams sued Booker for a balance due on account of building a house.…
1910 Ga. App. LEXIS 398 · 6 views
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
1910 Ga. App. LEXIS 399 · 9 views
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.…
1910 Ga. App. LEXIS 400 · 2 views
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.…
1910 Ga. App. LEXIS 401 · 3 views
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…
1910 Ga. App. LEXIS 402 · 7 views
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.…
1910 Ga. App. LEXIS 403 · 3 views
The Otto Gas Engine Works brought suit in trover against Rogers & Thornton for the recovery of an engine sold under retention of title.…
1910 Ga. App. LEXIS 404 · 0 views
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.…
1910 Ga. App. LEXIS 405 · 3 views
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.…
1910 Ga. App. LEXIS 406 · 3 views
(After stating the foregoing facts.) 1. “Do particular form is necessary to constitute a mortgage.…
Bone v. State Page 407
1910 Ga. App. LEXIS 407 · 6 views
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…
1910 Ga. App. LEXIS 408 · 2 views
No error of law is complained of, and there is some evidence to support the verdict.…
Hyde v. State Page 409
1910 Ga. App. LEXIS 409 · 1 views
The defendant had a combination store and restaurant in LaGrange.…
1910 Ga. App. LEXIS 410 · 9 views
1. A judgment overruling a demurrer to an indictment can not be made a ground for a new trial.…
1910 Ga. App. LEXIS 411 · 1 views
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.…
1910 Ga. App. LEXIS 413 · 1 views
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.…
1910 Ga. App. LEXIS 414 · 5 views
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
1910 Ga. App. LEXIS 415 · 5 views
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.…
1910 Ga. App. LEXIS 416 · 3 views
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.…
1910 Ga. App. LEXIS 417 · 1 views
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.…
1910 Ga. App. LEXIS 418 · 8 views
Sanders was charged generally with the unlawful sale of intoxicating liquor.…
1910 Ga. App. LEXIS 419 · 4 views
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.…
1910 Ga. App. LEXIS 420 · 4 views
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
1910 Ga. App. LEXIS 421 · 1 views
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.…
1910 Ga. App. LEXIS 422 · 3 views
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.…
1910 Ga. App. LEXIS 423 · 3 views
1. Under the facts of this case, the law of voluntary manslaughter was not applicable.…
1910 Ga. App. LEXIS 424 · 7 views
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.…
1910 Ga. App. LEXIS 425 · 13 views
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…
1910 Ga. App. LEXIS 426 · 3 views
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.…
1910 Ga. App. LEXIS 427 · 3 views
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.…
1910 Ga. App. LEXIS 428 · 2 views
The plaintiff in error and four other persons were trustees of what was known as Charity Grove School, in the county of Worth.…
1910 Ga. App. LEXIS 429 · 0 views
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…
1910 Ga. App. LEXIS 430 · 5 views
We will elaborate only the proposition announced in the second headnote.…
1910 Ga. App. LEXIS 431 · 5 views
The plaintiff in error was indicted for murder and was convicted of voluntary manslaughter.…
1910 Ga. App. LEXIS 432 · 0 views
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.…
1910 Ga. App. LEXIS 433 · 3 views
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.…
1910 Ga. App. LEXIS 434 · 3 views
Fannie Glover was indicted for assault with intent to murder, and convicted of the offense of shooting at another.…
1910 Ga. App. LEXIS 435 · 9 views
A, tlie owner of a mule, hired it to B, who placed it in an ordinarily safe inclosure.…
1910 Ga. App. LEXIS 436 · 2 views
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.…
1910 Ga. App. LEXIS 437 · 2 views
The plaintiff in error sued the defendant on a promissory note for $475 and interest.…
1910 Ga. App. LEXIS 438 · 2 views
The plaintiff in error was convicted in Morgan county court of the offense of misdemeanor, — riding the mule of another without his consent.…
1910 Ga. App. LEXIS 439 · 1 views
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.…
1910 Ga. App. LEXIS 440 · 5 views
Brown sued the Massachusetts Mills in Georgia for personal injuries.…
1910 Ga. App. LEXIS 441 · 11 views
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…
1910 Ga. App. LEXIS 442 · 6 views
1. The suit was based on an express contract, and was to recover the value of services rendered thereon.…
1910 Ga. App. LEXIS 443 · 6 views
The Bank of Milieu obtained a verdict and judgment against the plaintiffs in error, upon certain promissory notes.…
1910 Ga. App. LEXIS 444 · 3 views
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.…
1910 Ga. App. LEXIS 445 · 4 views
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.…
1910 Ga. App. LEXIS 446 · 1 views
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.…
1910 Ga. App. LEXIS 447 · 4 views
The only assignment of error is upon the overruling of a motion for a new trial.…
1910 Ga. App. LEXIS 448 · 6 views
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…
1910 Ga. App. LEXIS 449 · 3 views
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.…
1910 Ga. App. LEXIS 450 · 8 views
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.…
1910 Ga. App. LEXIS 451 · 1 views
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.…
1910 Ga. App. LEXIS 452 · 2 views
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.…
1910 Ga. App. LEXIS 453 · 4 views
1. Objections to an accusation or indictment are not properly presented by a motion for a new trial.…
1910 Ga. App. LEXIS 454 · 4 views
The plaintiffs in error obtained a common-law judgment against one Randall Banks, and the fi.…
1910 Ga. App. LEXIS 455 · 2 views
The exception was to the granting of a nonsuit, in an action for personal injuries.…
1910 Ga. App. LEXIS 456 · 6 views
1. The court erred in granting a nonsuit.…
1910 Ga. App. LEXIS 457 · 2 views
There will be nothing new or profitable in elaborating the first and second grounds.…
1910 Ga. App. LEXIS 458 · 0 views
None of the errors of law assigned are meritorious.…
1910 Ga. App. LEXIS 459 · 7 views
Robert Huckabee was convicted of the offense of selling intoxicating liquor in Terrell county, and his motion for a new trial was overruled.…
1910 Ga. App. LEXIS 460 · 4 views
The court did not err in overruling the certiorari.…
1910 Ga. App. LEXIS 461 · 4 views
There is no legal brief of the evidence in the record.…
1910 Ga. App. LEXIS 462 · 2 views
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…
1910 Ga. App. LEXIS 463 · 7 views
The plaintiff in error was convicted of perjury.…
1910 Ga. App. LEXIS 464 · 4 views
Bertha McLendon was convicted of the illegal sale • of intoxicating liquor.…
1910 Ga. App. LEXIS 465 · 3 views
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…
1910 Ga. App. LEXIS 466 · 3 views
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…
1910 Ga. App. LEXIS 467 · 3 views
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…
1910 Ga. App. LEXIS 468 · 1 views
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…
1910 Ga. App. LEXIS 469 · 5 views
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.…
1910 Ga. App. LEXIS 470 · 5 views
1. The defendant was indicted for the larceny of “one cream-colored Jersey cow, of the personal goods of one.…
1910 Ga. App. LEXIS 471 · 4 views
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.…
1910 Ga. App. LEXIS 472 · 2 views
1. The evidence fully authorized the conviction.…
1910 Ga. App. LEXIS 473 · 2 views
1, 2. The indictment charged “A. D. Oliver, alias LeBoy C.…
1910 Ga. App. LEXIS 474 · 2 views
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…
1910 Ga. App. LEXIS 475 · 2 views
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.…
1910 Ga. App. LEXIS 476 · 3 views
1. The holder of a negotiable note is presumed to be such bona fide and for value.…
1910 Ga. App. LEXIS 477 · 2 views
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.…
1910 Ga. App. LEXIS 478 · 3 views
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.…
1910 Ga. App. LEXIS 479 · 2 views
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.…
1910 Ga. App. LEXIS 480 · 1 views
This was an appeal case from a justice’s court, in which Lizzie James sued C.…
1910 Ga. App. LEXIS 481 · 1 views
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.…
1910 Ga. App. LEXIS 482 · 2 views
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.…
1910 Ga. App. LEXIS 483 · 9 views
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.…
1910 Ga. App. LEXIS 484 · 0 views
The grounds of the motion for a new trial are without merit-, and the verdict is supported by the evidence.…
1910 Ga. App. LEXIS 485 · 5 views
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…
1910 Ga. App. LEXIS 486 · 0 views
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.…
1910 Ga. App. LEXIS 487 · 3 views
Though the evidence is in some respects somewhat weak and unsatisfactory, it can not be held to be insufficient to authorize the verdict.…
1910 Ga. App. LEXIS 488 · 5 views
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.…
1910 Ga. App. LEXIS 489 · 3 views
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.…
1910 Ga. App. LEXIS 490 · 6 views
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.…
1910 Ga. App. LEXIS 491 · 6 views
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
1910 Ga. App. LEXIS 492 · 4 views
1. Yeal was indicted for murder and convicted of voluntary manslaughter.…
1910 Ga. App. LEXIS 493 · 2 views
The defendant was indicted for the offense of murder .and was found guilty of voluntary manslaughter.…
1910 Ga. App. LEXIS 494 · 2 views
This case has been before this court previously See Heitmann v. Commercial Bank, 6 Ga.…
1910 Ga. App. LEXIS 495 · 2 views
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.…
1910 Ga. App. LEXIS 496 · 2 views
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.…
1910 Ga. App. LEXIS 497 · 4 views
The defendant was convicted in the city court of Flovilla of the offense of assault and battery.…
Ross v. State Page 498
1910 Ga. App. LEXIS 498 · 3 views
The motion for new trial (which was based on the general grounds only) was not meritorious.…
1910 Ga. App. LEXIS 499 · 2 views
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.…
1910 Ga. App. LEXIS 500 · 2 views
There was enough evidence to authorize the verdict.…
1910 Ga. App. LEXIS 501 · 3 views
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…
1910 Ga. App. LEXIS 502 · 8 views
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.…
1910 Ga. App. LEXIS 503 · 3 views
Under the evidence submitted, the judge did not abuse his discretion in setting aside the verdict and judgment and opening the default.…
1910 Ga. App. LEXIS 504 · 0 views
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.…
1910 Ga. App. LEXIS 505 · 4 views
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.…
1910 Ga. App. LEXIS 506 · 2 views
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…
1910 Ga. App. LEXIS 507 · 1 views
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…
1910 Ga. App. LEXIS 508 · 6 views
Blackman sued the railroad company for personal injuries.…
1910 Ga. App. LEXIS 509 · 1 views
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.…
1910 Ga. App. LEXIS 510 · 1 views
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…
1910 Ga. App. LEXIS 511 · 1 views
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.…
1910 Ga. App. LEXIS 512 · 4 views
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.…
1910 Ga. App. LEXIS 513 · 2 views
An execution from a justice’s court in favor of Wells against Watters was levied on personal property.…
1910 Ga. App. LEXIS 514 · 5 views
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.…
1910 Ga. App. LEXIS 515 · 2 views
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.…
1910 Ga. App. LEXIS 516 · 0 views
The questions of law made by the assignments of error are neither novel nor of general interest.…
1910 Ga. App. LEXIS 517 · 0 views
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.…
1910 Ga. App. LEXIS 518 · 4 views
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.…
1910 Ga. App. LEXIS 519 · 6 views
The defendants were convicted of burglary.…
1910 Ga. App. LEXIS 520 · 7 views
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.…
1910 Ga. App. LEXIS 521 · 3 views
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.…
1910 Ga. App. LEXIS 522 · 7 views
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.…
1910 Ga. App. LEXIS 524 · 0 views
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.…
1910 Ga. App. LEXIS 525 · 0 views
Charles foreclosed an alleged lien for supplies furnished to Slappey’s sawmill.…
Ware v. State Page 526
1910 Ga. App. LEXIS 526 · 5 views
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.…
1910 Ga. App. LEXIS 527 · 1 views
■ 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.…
1910 Ga. App. LEXIS 528 · 4 views
1. The evidence authorized the verdict. 2.…
1910 Ga. App. LEXIS 529 · 2 views
In this case the evidence for the State is hardly sufficient to raise a bare suspicion of the defendant’s guilt.…
1910 Ga. App. LEXIS 530 · 0 views
The defendant was indicted for murder, and was convicted of voluntary manslaughter.…
1910 Ga. App. LEXIS 531 · 6 views
1. The indictment charged the defendant with the offense of murder, “for that the said George W.…
1910 Ga. App. LEXIS 532 · 2 views
1. The grounds added by amendment to the motion for a new trial are not verified or approved, and will not be considered.…
1910 Ga. App. LEXIS 533 · 1 views
This was a prosecution for cheating and swindling, under the “labor-contract law” of 1903 (Acts 1903, p.…
1910 Ga. App. LEXIS 534 · 1 views
It not being affirmatively shown that the offense was committed prior to the finding of the indictment, the conviction was unauthorized by law.…
1910 Ga. App. LEXIS 535 · 0 views
The decision in Cummings v. State, 110 Ga.…
1910 Ga. App. LEXIS 536 · 2 views
Johnson was convicted of a violation of the act of 1903 (Acts 1903, p.…
Pugh v. State Page 537
1910 Ga. App. LEXIS 537 · 1 views
The defendant was convicted at the August term, 1910, of Pulaski superior court.…
1910 Ga. App. LEXIS 538 · 0 views
The excerpts from the charge objected to, when considered in connection with the entire charge, contain no error.…
1910 Ga. App. LEXIS 539 · 5 views
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.…
1910 Ga. App. LEXIS 540 · 5 views
No error of law is complained of, and there is some evidence to support the verdict.…
1910 Ga. App. LEXIS 541 · 0 views
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.…
1910 Ga. App. LEXIS 542 · 6 views
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.…
1910 Ga. App. LEXIS 543 · 1 views
Chapman, driving on a public highway at night, collided with a wagon driven by a man.…
1910 Ga. App. LEXIS 544 · 2 views
Davis was tried on an accusation charging him, in two counts, with a violation of the prohibition law.…
1910 Ga. App. LEXIS 545 · 3 views
The court did not err in sustaining the certiorari and granting a new trial.…
1910 Ga. App. LEXIS 546 · 6 views
J. H. Spence was indicted for murder, and on his trial was convicted of voluntary manslaughter.…
1910 Ga. App. LEXIS 547 · 8 views
Mrs. Higginbothem brought suit against W.…
1910 Ga. App. LEXIS 548 · 0 views
ON MOTION FOR REHEARING. Eor the special reasons shown in the motion we would ordinarily he inclined to grant the rehearing.…
1910 Ga. App. LEXIS 549 · 4 views
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.…
1910 Ga. App. LEXIS 550 · 4 views
The First National Bank of Sylvester held two chattel mortgages covering the same property, viz., three mules.…
1910 Ga. App. LEXIS 551 · 5 views
(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.…
1910 Ga. App. LEXIS 552 · 4 views
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.…
1910 Ga. App. LEXIS 553 · 4 views
The plaintiffs in error brought a suit upon an open account against the defendants in error.…
Sims v. State Page 554
1910 Ga. App. LEXIS 554 · 3 views
Sims was convicted in the city court of LaGrange, on an accusation charging him with a misdemeanor, “for that .…

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A
Adams, Eric Leroy Adelson, Sheldon G. Ahuja, Deepak P. Altman, Samuel Harris
Adams, Eric Leroy
Adelson, Sheldon G.
Ahuja, Deepak P.
Altman, Samuel Harris
Andreessen, Marc L. Armstrong, Lance Edward Assange, Julian Azar, II, Alex Michael
Andreessen, Marc L.
Armstrong, Lance Edward
Assange, Julian
Azar, II, Alex Michael
B
Bankman-Fried, Samuel Bannon, Stephen Kevin Barr, William P. Benioff, Marc
Bankman-Fried, Samuel
Bannon, Stephen Kevin
Barr, William P.
Benioff, Marc
Bernanke, Ben Shalom Berryhill, Nancy A. Bessent, Scott Bezos, Jeffrey P.
Bernanke, Ben Shalom
Berryhill, Nancy A.
Bessent, Scott
Bezos, Jeffrey P.
Biden Jr., Joseph R. Blanche, Todd Blankfein, Lloyd C. Blinken, Antony J.
Biden Jr., Joseph R.
Blanche, Todd
Blankfein, Lloyd C.
Blinken, Antony J.
Bloomberg, Michael Rubens Bondi, Pamela Booker, Cory A. Bovino, Gregory
Bloomberg, Michael Rubens
Bondi, Pamela
Booker, Cory A.
Bovino, Gregory
Bowles, Erskine B. Breed, London Breyer James Brin, Sergey
Bowles, Erskine B.
Breed, London
Breyer James
Brin, Sergey
Brockman, Greg D. Bush, George Walker Buttigieg, Pete  
Brockman, Greg D.
Bush, George Walker
Buttigieg, Pete
 
C
Carson, Sr., Ben S. Chao, Elaine L. Chenault, Kenneth I. Cheney, Richard B.
Carson, Sr., Ben S.
Chao, Elaine L.
Chenault, Kenneth I.
Cheney, Richard B.
Chertoff, Michael Clinton, Hillary Rodham Clinton, William Jefferson Combs, Sean
Chertoff, Michael
Clinton, Hillary Rodham
Clinton, William Jefferson
Combs, Sean
Comey, James B. Cook, Timothy D. Cosby, William H., Jr.  
Comey, James B.
Cook, Timothy D.
Cosby, William H., Jr.
 
D
De Blasio, Bill Denholm, Robyn M. Depp, II, John Christopher Dershowitz, Alan M.
De Blasio, Bill
Denholm, Robyn M.
Depp, II, John Christopher
Dershowitz, Alan M.
DeSantis, Ronald D. Desmond-Hellmann, Susan DeVos, Elisabeth Dimon, Jamie
DeSantis, Ronald D.
Desmond-Hellmann, Susan
DeVos, Elisabeth
Dimon, Jamie
Doerr, L. John Dorsey, Jack Duncan, Arne  
Doerr, L. John
Dorsey, Jack
Duncan, Arne
 
E
Ebbers, Bernard J. Ehrenpreis, Ira Matthew Eisner, Michael D. Ellison, Lawrence J.
Ebbers, Bernard J.
Ehrenpreis, Ira Matthew
Eisner, Michael D.
Ellison, Lawrence J.
Epstein, Jeffrey E.      
Epstein, Jeffrey E.
     
F
Faust, Drew Gilpin Flynn, Michael Thomas    
Faust, Drew Gilpin
Flynn, Michael Thomas
   
G
Gabbard Tamayo, Tulsi Garland, Merrick Gates, Melinda French Gates, Robert M.
Gabbard Tamayo, Tulsi
Garland, Merrick
Gates, Melinda French
Gates, Robert M.
Gates, William Henry Gebbia, Joseph Nicholas Gillibrand, Kirsten Giuliani, Rudolph
Gates, William Henry
Gebbia, Joseph Nicholas
Gillibrand, Kirsten
Giuliani, Rudolph
Gracias, Antonio J. Graham, Donald Graham, Lindsey O. Greenspan, Aaron
Gracias, Antonio J.
Graham, Donald
Graham, Lindsey O.
Greenspan, Aaron
Greenspan, Alan      
Greenspan, Alan
     
H
Harris, Kamala Devi Hastings, W. Reed Hawley, Joshua D. Hayden, Michael V.
Harris, Kamala Devi
Hastings, W. Reed
Hawley, Joshua D.
Hayden, Michael V.
Hegseth, Peter Brian Hennessy John L Holder, Jr., Eric H. Holmes, Elizabeth A.
Hegseth, Peter Brian
Hennessy John L
Holder, Jr., Eric H.
Holmes, Elizabeth A.
Huang, Jen-hsun Hughes, Christopher Ray    
Huang, Jen-hsun
Hughes, Christopher Ray
   
I
Icahn, Carl C.      
Icahn, Carl C.
     
J
Jackson, Michael Joseph Jackson, Sr., Jesse L. Jobs, Steven P. Jurvetson, Stephen T.
Jackson, Michael Joseph
Jackson, Sr., Jesse L.
Jobs, Steven P.
Jurvetson, Stephen T.
K
Kemp, Brian P. Kennedy, Robert F., Jr. Koch, David Koum, Jan
Kemp, Brian P.
Kennedy, Robert F., Jr.
Koch, David
Koum, Jan
Kushner, Jared C.      
Kushner, Jared C.
     
L
Lay, Kenneth L Lemon, Don Leopold, Jason Lutnick, Howard W.
Lay, Kenneth L
Lemon, Don
Leopold, Jason
Lutnick, Howard W.
Lyons, Todd M.      
Lyons, Todd M.
     
M
Madoff, Bernard L. Maduro Moros, Nicolas Manafort, Paul J., Jr. Manning, Chelsea
Madoff, Bernard L.
Maduro Moros, Nicolas
Manafort, Paul J., Jr.
Manning, Chelsea
Martin, Edward R., Jr. Maxwell, Ghislaine McConnell, Jr., Addison Mitch McFarland, William
Martin, Edward R., Jr.
Maxwell, Ghislaine
McConnell, Jr., Addison Mitch
McFarland, William
McKesson, DeRay Milton, Trevor Robert Mnuchin, Steven Moritz, Michael J.
McKesson, DeRay
Milton, Trevor Robert
Mnuchin, Steven
Moritz, Michael J.
Moskovitz, Dustin A. Mueller, Robert S., III Mulvaney, Mick Murdoch, A.C., K. Rupert
Moskovitz, Dustin A.
Mueller, Robert S., III
Mulvaney, Mick
Murdoch, A.C., K. Rupert
Murdoch, James R. Murdoch, Lachlan K. Musk, Elon Reeve Musk, Kimbal J.
Murdoch, James R.
Murdoch, Lachlan K.
Musk, Elon Reeve
Musk, Kimbal J.
Myhrvold, Nathan P.      
Myhrvold, Nathan P.
     
N
Nadella, Satya Navarro, Peter K. Neumann, Adam Newsom, Gavin
Nadella, Satya
Navarro, Peter K.
Neumann, Adam
Newsom, Gavin
Nielsen, Kirstjen Noem, Kristi Nunes, Devin G.  
Nielsen, Kirstjen
Noem, Kristi
Nunes, Devin G.
 
O
Obama, Barack Hussein Office of the New York Attorney General Okeke-Von Batten, Karl-Marx Edward  
Obama, Barack Hussein
Office of the New York Attorney General
Okeke-Von Batten, Karl-Marx Edward
 
P
Page, Lawrence Patel, Kashyap Pelosi, Nancy Pence, Michael Richard
Page, Lawrence
Patel, Kashyap
Pelosi, Nancy
Pence, Michael Richard
Petit, Parker H. Pichai, Sundar Pompeo, Michael Richard Powell, Sidney
Petit, Parker H.
Pichai, Sundar
Pompeo, Michael Richard
Powell, Sidney
Prince, Erik D. Putin, Vladimir Vladimirovich    
Prince, Erik D.
Putin, Vladimir Vladimirovich
   
Q
Qazi, Omar      
Qazi, Omar
     
R
Rice, Condoleezza Rive, Lyndon Robert Romney, Willard Mitt Rosenstein, Rod J.
Rice, Condoleezza
Rive, Lyndon Robert
Romney, Willard Mitt
Rosenstein, Rod J.
Ross, Wilbur L. Jr. Rubio, Marco Rumsfeld, Donald H.  
Ross, Wilbur L. Jr.
Rubio, Marco
Rumsfeld, Donald H.
 
S
Sandberg, Sheryl K. Saverin, Eduardo Saylor, Michael Jerry Schiff, Adam
Sandberg, Sheryl K.
Saverin, Eduardo
Saylor, Michael Jerry
Schiff, Adam
Schmidt, Eric E. Schroepfer, Michael Todd Schultz Howard D Sessions, Jefferson Beauregard, III
Schmidt, Eric E.
Schroepfer, Michael Todd
Schultz Howard D
Sessions, Jefferson Beauregard, III
Sharpton, Alfred Shkreli, Martin Shriram Kavitark Ram Snowden, Edward
Sharpton, Alfred
Shkreli, Martin
Shriram Kavitark Ram
Snowden, Edward
Spears, Britney Spiegel, Evan Thomas Spiro, Alexander Benjamin Stone, Roger J.
Spears, Britney
Spiegel, Evan Thomas
Spiro, Alexander Benjamin
Stone, Roger J.
Straubel, Jeffrey Brian Summers, Lawrence Henry Sutskever, Ilya Swift, Taylor
Straubel, Jeffrey Brian
Summers, Lawrence Henry
Sutskever, Ilya
Swift, Taylor
T
Taylor, Bret Steven Teller, Samuel Thiel, Peter Tillerson, Rex W.
Taylor, Bret Steven
Teller, Samuel
Thiel, Peter
Tillerson, Rex W.
Tinubu, Bola Ahmed Trump, Donald J. Trump, Donald J. Jr. Trump, Eric
Tinubu, Bola Ahmed
Trump, Donald J.
Trump, Donald J. Jr.
Trump, Eric
Trump, Ivanka Trump, Melania    
Trump, Ivanka
Trump, Melania
   
U
Ullyot, Theodore Warren      
Ullyot, Theodore Warren
     
V
Vance, Jr., Cyrus R.      
Vance, Jr., Cyrus R.
     
W
Warren, Elizabeth Whitman, Margaret C.    
Warren, Elizabeth
Whitman, Margaret C.
   
Y
Yellen, Janet      
Yellen, Janet
     
Z
Zhao, Changpeng Zilis, Shivon Zuckerberg, Mark Elliot  
Zhao, Changpeng
Zilis, Shivon
Zuckerberg, Mark Elliot
 
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