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United States of America
Washington D.C. | Guam | Northern Marinara Islands | Puerto Rico | U.S. Virgin Islands The hundred cases PlainSite readers opened most in the past 30 days. 2
Nigerian President-Elect Bola Ahmed Tinubu was named as the owner of several bank accounts that were used to launder money for a heroin distribution network in Chicago, IL in the early 1990s. The members of the heroin ring were criminally charged in a separate case, Northern District of Illinois Case No. 2:92-cr-00113-RL. For unknown reasons, Tinubu was not. Instead, the U.S. Government seized the contents of the bank accounts based on several different seizure warrants across three different dockets, of which this is one. The other two, from 1992, are in the Southern District of New York and a separate docket in the Northern District of Illinois—both with unknown case numbers since the documents pre-date the federal court's PACER system by so many years. In total, about $2.4 million USD was seized from Tinubu's global bank accounts pursuant to these seizure warrants. While working for Mobil Oil Company in Nigeria, Tinubu used a variety of shell companies to move the money around, including Compass Finance & Investment Co., incorporated in Washington, D.C. Though he was not charged, Tinubu committed at least five federal crimes, according to the IRS Special Agent's affidavit in this case: 1) Money laundering (18 U.S.C. § 1956); 2) Using funds from unlawful activity (18 U.S.C. § 1957); 3) Bank fraud (18 U.S.C. § 1344);
4) Failure to file tax returns (26 U.S.C. § 7203); and 5) Lying to federal agents (18 U.S.C. § 1001). Tinubu was elected to be the next President of Nigeria in February 2023.
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5
This is a general administrative docket used by the New Jersey District Court to post new complaints. It's not actually a real lawsuit.
6
Based on the fact that a 1993 civil forfeiture lawsuit became one of the most popular dockets on PlainSite, PlainSite founder Aaron Greenspan sued six United States government agencies over their denial of FOIA requests and subsequent administrative appeals about Nigerian President Bold Tinubu, newly elected as of May 2023 in a highly controversial election.
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This case was brought before the court because Justin R. Dhooghe found out about an affair between his then fiance Laura V. Rivera and Charles W. Dithrich and wanted information. Charles W. Dithrich wanted to settle out of court for a list of demands including the deletion of all information and pictures Justin R. Dhooghe had in his possession of the affair along with the sum of five thousand dollars in exchange for a non-CLETs restraining order, one that was not on his permanent record. Justin R. Dhooghe eventually refused and the case was brought before the judge and ultimately was dismissed due to insufficient grounds. No restraining order is in effect.
12
The heart of my case is that Tesla, Inc. illegally terminated me in
violation of the FEHA and well-established public policy.
More specifically, Tesla illegally fired me for the following reasons:
1) I have a disability (ASD and hypertension that required
emergency care).
2) I requested accommodations and unilaterally attempted to engage
in a good faith interactive process and was denied.
3) I am an older person. I was almost 62 years old when I was
illegally fired. I was replaced immediately (3-days-later) by a
software engineer who was approximately half my age.
Coworkers made comments about my age and indicated that I
was an “old man.”
4) I complained that Rollins and my co-workers were engaging in
sexual harassment and offensive communications referring to
their penis sizes on Tesla’s communications network. Also,
sexual videos of women twerking were placed in the team’s chat
that displayed women’s breasts. Reporting was required by
Tesla’s own Sexual Harassment and Bullying Training Program.
5) I was forced to open a workers’ compensation case for injuries I
sustained as a result of work. I was awarded $45,000 for this
claim.
6) Moreover, I was fired because I engaged in whistleblowing
regarding sexual harassment, sabotage, and other security issues.
Whistleblowing is a protected activity.
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17
Amanda Patricia Bossingham, also known as "Amy," the proprietor of Amy's Baking Company in Scottsdale, AZ, featured on the popular Fox television show "Kitchen Nightmares," was convicted of bank fraud in 2008 after she falsified a Social Security number on an application for a five-figure bank loan.
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20
Aaron Greenspan, creator of the 2003 predecessor to The Facebook at Harvard University, sued popular author Benjamin Mezrich, his publisher Random House, and Columbia Pictures for copyright infringement, defamation and false advertising due to the statements made by Mezrich in and about his book "The Accidental Billionaires." Mezrich's book, which cites Greenspan's as a source, has been marketed as supposed non-fiction, even though the story is full of inconsistencies and outright falsifications, many of which Mezrich admits to. Mezrich notably omitted Greenspan's role in the creation of the web site, and helped to prop up Mark Zuckerberg as a "genius" in his book, leading to the eventual motion picture "The Social Network," and contributing to the frenzy surrounding Facebook's problematic IPO.
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25
Pop star Taylor Swift's early manager Daniel Dymtrow sued the Swift family after his services were terminated just before a meeting with Sony ATV that he alleges he helped to arrange, cutting him out of payments. He also sued Swift's new record label, Big Machine Records, and its founder, Scott Borchetta.
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Virginia Giuffre sued Ghislaine Maxwell for defamation after Maxwell alleged that Giuffre's claims about Jeffrey Epstein's sex trafficking ring, which ensnared Giuffre as a minor, were not true. Thousands of pages of documents regarding Epstein and his associates, including former Presidents Bill Clinton and Donald Trump, have been released in this case as a result of the discovery process.
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32
Current and former servers and bartenders at Darden Restaurants — the parent company of Olive Garden, Red Lobster, LongHorn Steakhouse, Seasons 52, and Bahama Breeze — filed this nationwide collective action in September 2012 in the Southern District of Florida, alleging violations of the Fair Labor Standards Act. The plaintiffs claimed that Darden illegally required tipped employees to participate in mandatory tip-sharing arrangements and otherwise failed to pay them the federal minimum wage applicable to tipped workers. The proposed class ultimately encompassed more than 216,000 servers and bartenders who worked for Darden brands during the three-year period covered by the claims.
The case generated extensive procedural litigation over conditional certification, the scope of the class list, and discovery. In November 2013, the parties discovered that Darden had inadvertently omitted approximately 1,586 bartenders from the class list — those coded under a "Bartender Tip Share" designation introduced at Olive Garden, Red Lobster, Bahama Breeze, and Seasons 52 when those brands rolled out mandatory tip-share programs around 2011. The parties jointly moved to extend the opt-in period to cover these workers. The case proceeded to mediation before a private mediator in June 2014.
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41
Richard Ramirez — the serial killer known as the "Night Stalker" who terrorized Southern California in 1984 and 1985, murdering at least 13 people and assaulting dozens more — filed this federal habeas corpus petition in December 2007 in the Central District of California, challenging his 1989 state court convictions and death sentence. The petition was filed through the Federal Public Defender's office after Ramirez exhausted his state court appeals. Federal habeas proceedings in capital cases are characteristically lengthy, and Ramirez's case proceeded slowly through the district court over several years while he remained on death row at San Quentin State Prison.
Ramirez had been convicted of 13 counts of murder, five attempted murders, 11 sexual assaults, and 14 burglaries following a highly publicized trial in Los Angeles. The case had been one of the most sensational criminal prosecutions in California history. Ramirez died of natural causes at San Quentin in June 2013 while his federal habeas petition was still pending, rendering the case moot.
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45
Elon Musk has sued OpenAI and its co-founders Sam Altman and Greg Brockman over its tight partnership with Microsoft and its for-profit activities.
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60
Federal prosecutors in the District of Rhode Island charged Irvin Vilneus and four co-defendants — Junior Mertile, Tony Mertile, James Legerme, and Allen Bien-Aime — in a series of related criminal cases filed in late 2020. A notice of related case filed in November 2020 formally linked the five proceedings, indicating the defendants were charged in connection with a common scheme or organization. The cases proceeded together before the court, which is common in prosecutions involving multiple members of an alleged criminal enterprise or conspiracy. The related-case structure suggested the defendants were charged with overlapping or coordinated criminal conduct in Rhode Island.
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This lawsuit was the second complaint filed by a woman proceeding under the pseudonym Jane Doe against Donald J. Trump and Jeffrey Epstein in the Southern District of New York, filed in September 2016 — four months after the plaintiff had voluntarily dismissed an earlier action in the same court. The refiled complaint contained substantially similar allegations: that the plaintiff, who was 13 years old in 1994, had been raped and sexually abused by both Trump and Epstein at parties hosted by Epstein at his Manhattan townhouse. The complaint alleged that Epstein lured the plaintiff with promises of money and modeling opportunities and that Trump and Epstein subjected her to multiple assaults over the course of several encounters. Like the earlier filing, it included accounts from an alleged witness proceeding as a second anonymous declarant.
The refiled case attracted even greater media attention because it was filed shortly before the November 2016 presidential election. A press conference at which the plaintiff and her attorney had planned to speak publicly was canceled, with the attorney citing death threats. The plaintiff again voluntarily dismissed the lawsuit in November 2016, citing fear for her safety. No criminal charges were ever brought based on these specific allegations.
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67
Twitter, Inc. filed this lawsuit in July 2022 in the Delaware Court of Chancery after Elon Musk attempted to back out of his agreement to acquire the company for approximately $44 billion — $54.20 per share. Musk had signed a merger agreement in April 2022 and then, less than three months later, purported to terminate the deal, citing what he claimed were material misrepresentations by Twitter about the number of spam and bot accounts on its platform. Twitter sought specific performance — a court order compelling Musk to complete the acquisition at the agreed price — rather than money damages.
Chancellor Kathaleen St. Jude McCormick agreed to expedite the case to an October 2022 trial date, a timeline Musk vigorously resisted. The litigation moved rapidly through discovery, during which Musk sought extensive information about Twitter's bot-counting methodology and Twitter sought sanctions against Musk for alleged discovery misconduct. A whistleblower complaint from a former Twitter security executive, Peiter Zatko, injected additional complexity into the proceedings by raising questions about Twitter's internal security practices.
With trial imminent and the litigation going poorly for Musk, he reversed course in October 2022 and agreed to proceed with the original deal on its original terms. The parties jointly sought a stay of the litigation, and the case was voluntarily dismissed after the acquisition closed. Musk took Twitter private, subsequently rebranding the company and its platform as X. Several related proceedings, including a petition by PlainSite founder Aaron Greenspan seeking public access to sealed court materials, were also part of the docket.
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More than 80 individual plaintiffs — residents and property owners in communities surrounding SpaceX's Starbase launch facility in Cameron County, Texas — filed a class action complaint in the Southern District of Texas (Brownsville Division) on April 30, 2026, against Space Exploration Technologies Corp. (SpaceX). Judge Rolando Olvera is assigned. The plaintiffs allege that SpaceX's Starship and Super Heavy rocket operations at Starbase generate extraordinary acoustic energy — including noise, vibrations, and sonic booms — that has repeatedly and severely damaged their homes and properties.
The complaint describes eleven fully integrated Starship/Super Heavy test flights between April 2023 and October 2025, plus six earlier non-full-stack test flights and multiple static engine tests, each generating over 16 million pounds of thrust. Plaintiffs allege their homes, located in the surrounding Cameron County communities, have sustained repeated structural damage from the resulting acoustic events, which they describe as unprecedented in power.
The plaintiffs seek jury trial and bring claims for property damage arising from SpaceX's operations. The case was filed on April 30, 2026, with initial procedural orders entered in June 2026.
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75
Claudia Gayle filed this class action in November 2007 in the Eastern District of New York against Harry's Nurses Registry, Inc. and its owner Harry Dorvilier, on behalf of herself and other nurses and home health aides who had been placed by the registry. The plaintiffs alleged that Harry's Nurses Registry had systematically violated the Fair Labor Standards Act and New York Labor Law by failing to pay overtime wages, misclassifying workers, and making unlawful deductions from wages earned by workers providing in-home patient care.
After years of litigation the court entered judgment in favor of the plaintiffs in September 2012, awarding $619,071.76 in damages to the named plaintiffs and class members. A supplemental judgment was entered in October 2013 following further proceedings before Magistrate Judge Marilyn D. Go, whose Report and Recommendation was adopted in full by Judge Nicholas G. Garaufis. Post-judgment proceedings addressing remaining class members' claims and enforcement continued for years afterward, with the most recent docket activity appearing in September 2024, suggesting ongoing collection or distribution efforts nearly seventeen years after the case was filed.
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77
A San Francisco man unfortunate enough to share the name of the 2012 Aurora, Colorado movie theater shooter was senselessly beaten by the San Francisco Police Department in California shortly after the shooting took place in Colorado. He is suing the San Francisco Police Department. The case received notoriety after an another man was similarly beaten and then put into solitary confinement by the San Francisco police, and linked to Holmes's docket in his blog.
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This consolidated stockholder derivative action, filed in September 2016 in the Delaware Court of Chancery, challenged Tesla Motors' $2.6 billion acquisition of SolarCity Corporation as a conflicted transaction that amounted to a bailout of a struggling company at Tesla shareholders' expense. The central allegation was that Elon Musk, who held a significant stake in both Tesla and SolarCity and whose cousins Lyndon and Peter Rive ran SolarCity, orchestrated the merger to rescue SolarCity from financial distress while using Tesla as the vehicle to do so. Plaintiffs alleged that Musk and the Tesla board members who approved the deal breached their fiduciary duties to Tesla shareholders.
The litigation proceeded through years of discovery and motion practice before proceeding to a ten-day trial before Vice Chancellor Joseph R. Slights III in July 2021. The trial featured extensive testimony and expert analysis on whether SolarCity was financially distressed at the time of the acquisition, whether the deal price was fair, and whether Tesla's board acted independently given Musk's influence over it. Key witnesses included financial experts debating the valuation of SolarCity and the terms of the transaction.
Vice Chancellor Slights issued his post-trial decision in April 2022, ruling that while Musk was a conflicted controlling stockholder, the acquisition was entirely fair to Tesla shareholders and judgment was entered in favor of the defendants. Plaintiffs filed a notice of appeal to the Delaware Supreme Court in May 2022.
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89
Aaron Greenspan, the founder of PlainSite.org, filed this lawsuit pro se in state court in 2024 against Elon Musk, Tesla Inc., X Corp., Jared Birchall (Musk's personal assistant and corporate representative), Omar Qazi (a Tesla promoter who ran the SMICK Enterprises social media account), and several of Musk's attorneys including Alex Spiro of Quinn Emanuel and Adam Cashman and Allison Huebert of Singer Cashman LLP. The case was removed to the Northern District of California and assigned to Judge Maxine Chesney. Greenspan alleged that Musk and his associates engaged in a coordinated harassment and defamation campaign against him, including directing Qazi to make false statements about Greenspan on social media.
Quinn Emanuel represented Tesla, Excession LLC, and Musk's revocable trust. Qazi appeared pro se. The district court ruled against Greenspan, and he filed a notice of appeal to the Ninth Circuit in March 2026 from Covina, California. Qazi filed an opposition to Greenspan's motion for extension of time in February 2026.
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93
Stating that he was "out for blood," Elon Musk filed a frivolous lawsuit against PlainSite owner Aaron Greenspan and his company, Think Computer Corporation, which runs PlainSite. Though it was filed in February 2023, it was not served until April. On May 1, Musk dismissed the lawsuit voluntarily. Two days later, Greenspan filed a cross-complaint (known as a counter-suit in other states) against Musk, his attorneys, Tesla, Inc., and Omar Qazi, alleging that Musk and his associates had attempted to use the courts to libel him in a malicious prosecution. Even though Musk and his attorneys were on notice of the lawsuit—they filed it—and corresponded by e-mail about it, they refused to respond to the cross-complaint. The case is ongoing.
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95
Tesla shareholder Richard Tornetta filed this derivative lawsuit in June 2018 in the Delaware Court of Chancery challenging the massive compensation package granted to Elon Musk by the Tesla board in January 2018. The plan consisted of 12 tranches of stock options — each representing 1% of Tesla's outstanding shares — that vested upon the achievement of paired market capitalization and operational milestones over a ten-year period. Tesla itself disclosed that the plan's estimated fair value was .6 billion, and analysts projected it could eventually be worth over billion if the company continued to grow. Tornetta alleged that Musk, as Tesla's controlling stockholder and chairman, had improperly influenced the compensation committee and the full board, and that the package was not the product of a fair, arm's-length process.
In January 2024, Chancellor Kathaleen McCormick issued a landmark decision voiding the compensation package in its entirety. The court found that Musk was a controlling stockholder at the time the plan was approved, that the process by which it was negotiated and approved was deeply flawed and conflicted, and that the defendants had failed to demonstrate that the plan was entirely fair to Tesla shareholders. The decision drew international attention for its size and its implications for corporate governance of founder-controlled companies.
Following the ruling, Tesla's board put the compensation package to a shareholder ratification vote in June 2024, which passed with majority support. Proceedings continued in the Court of Chancery through late 2024 as the court considered whether the post-litigation shareholder vote could cure the defects identified in the January 2024 ruling.
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The nature-of-suit codes the federal courts assign when a case is filed. Choose one for every case PlainSite has under it. Federal district courts
100Contract
102Contract
104Contract
110Contract - Insurance
111 Miscellaneous
112Contract - Sale (CDA)
114Contract - Service (CDA)
116Contract - Supply (CDA)
118Contract - Other (CDA)
120Contract: Marine
122Contract - Bid Preparation Costs
128Contract - Subsidy
130Contract - Surety
134Contract - Other
136Contract - Other - Wunderlich
138Contract - (Pre Award) Injunctions
140Contract - Injunction (Post Award)
150Contract: Recovery of Overpayment & Enforcement of Judgment
151Contract: Medicare Act
152Contract: Defaulted Student Loan
153Contract: Recovery Veteran Ben.
160Contract: Stockholders' Suits
190Contract: Other Contract Actions
195Contract Product Liability
196Contract: Franchise
200Tax - Allowance of Interest
202Tax - Declaratory Judgment 28:1507
204Tax - Estate
206Tax - Excise
208Tax - Gift
210Real Property: Land Condemnation
212Tax - Income Individual
214Tax - Informer's Fees
220Foreclosure (Diversity)
224Tax -100% Penalty-26:6672- Withhold.
226Tax - Other
230Real Property: Rent Lease & Ejectment
240Real Property: Torts to Land
245Real Property: Tort Product Liability
290Real Property: Other
300Civilian Pay - Back Pay
302Civilian Pay - COLA
304Civilian Pay - FLSA
306Civilian Pay - Overtime Compensation
310Personal Injury: Airplane
312Civilian Pay - Other
315Personal Injury: Airplane Product Liability
320Personal Injury: Assault Libel & Slander
330Personal Injury: Federal Employer's Liability
340Personal Injury: Marine
344Military Pay - Correct Records
345Marine Product Liability
346Military Pay - Correct/Reinstate
348Military Pay - Reinstatement
350Motor Vehicle Personal Injury
352Military Pay - Retirement
354Military Pay - SBP
355Personal Injury: Motor Vehicle Product Liability
356Military Pay - Other
360Personal Injury: Other
362Personal Injury: Medical Malpractice
365Personal Injury: Product Liability
367Health Care/Pharmaceutical Personal Injury Product Liability
368Personal Injury: Asbestos Personal Injury Product Liability
370Fraud or Truth-In-Lending
371Personal Property: Truth in Lending
375Other Statutes: False Claims Act
376Qui Tam (31 U.S.C. § 3729(a))
380Personal Property: Other Personal Property Damage
385Personal Property: Property Damage Product Liability
400State Reapportionment
410Anti-Trust
422Bankruptcy Appeals, Rule 28 U.S.C. § 158
423Bankruptcy Withdrawal, Rule 28 U.S.C. § 157
424(Obj/Revocation Discharge 727
430Banks and Banking
434Injunctive Relief
435Validity/Priority/Extent Lien
440Civil Rights: Other
441Civil Rights: Voting
442Civil Rights: Employment
443Civil Rights: Housing/Accommodations
444Civil Rights: Welfare
445Civil Rights: Americans with Disabilities - Employment
446Civil Rights: Americans with Disabilities Act - Other
448Civil Rights: Education
450Commerce ICC Rates Etc.
454Recover Money/Property
455Revoke Plan Confirmation
456Declaratory Judgment
457Subordinate Claim/Interest
458Injury - DTP/DPT
460Deportation
462Naturalization Application
463Habeas Corpus - Alien Detainees
464Injury - Polio inactive
465Immigration: Other Immigration Actions
467Injury - Tetanus & Diptheria
469Injury - Other
470Civil (RICO) Racketeer/Corrupt Organization
472Death - DTP/DPT
480Consumer Credit
483Death - Other
484Injury - Hepatitis B
485Injury - Hemophilus influenzae
486Injury - Varicella
490Cable/Satellite TV
492Injury - Thimerosal
494Injury - Influenza
496Injury - Meningococcal
498Other Action
499Death - Human Papillomavirus
500Common Carrier - Transportation
502Copyright
504Native American
508Patent
510Taking - Personalty
511Taking - FIRREA
512Taking - Realty
513Taking - Rails to Trails
514Taking - Other
515Unjust Conviction and Imprisonment
516Miscellaneous - Damages
528Miscellaneous - Other
530Prisoner: Habeas Corpus
535Death Penalty - Habeas Corpus
536Spent Nuclear Fuel
540Prisoner Petitions: Mandamus and Other
550Prisoner Petitions: Civil Rights
555Civil Rights (Prison Condition)
560Prisoner Petitions: Civil Detainee: Conditions of Confinement
610Forfeit/Penalty: Agriculture
620Forfeit/Penalty: Food and Drug
625Drug Related Seizure of Property
630Miscellanous
650Forfeit/Penalty: Airline Regs.
660Forfeit/Penalty: Occup. Safety
690Forfeiture/Penalty: Other
710Labor: Fair Labor Standards Act
720Labor: Labor/Management Relations
730Labor: Reporting/Disclosure
740Labor: Railway Labor Act
751Labor: Family and Medical Leave Act
790Labor: Other
791Labor: Employee Retirement Income Security Act (ERISA)
810Selective Service
820Property Rights: Copyright
830Property Rights: Patent
840Property Rights: Trademark
850Other Statutes: Securities/Commodities/Exchange
861Social Security: HIA
862Social Security: Black Lung
863D.I.W.C./D.I.W.W. (US Defendant)
864Social Security: SSID Title XVI
865Social Security: RSI Tax Suits
870Federal Tax Suits: Taxes (US Plaintiff or Defendant)
871Federal Tax Suits: IRS-Third Party
875Taxes: Customer Challenge
890Other Statutes: Other Statutory Actions
891Agriculture Acts
892Economic Stabilization Act
893Environmental Matters
894Energy Allocation Act
895Freedom of Information Act
896Other Statutes: Arbitration
899Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
900Appeal of Fee Determination
908Miscellaneous Case - Other
950Other Statutes: Constitutionality of State Statutes
990Other
999Miscellaneous Cases
Federal appellate courts
1152Contract: Recovery of Student Loan Defaults
1190Contract: Other Contract Action
1220Foreclosure
1240Torts to Land
1290Real Property - Other
1370Other Fraud
1371Truth in Lending
1380Other Personal Property Damage
1410Antitrust
1422Bankruptcy Appeals Rule 28 - USC 158
1440Other Civil Rights
1441Civil Rights: Voting
1442Civil Rights: Jobs
1443Civil Rights: Accommodations
1445Americans with Disabilities Act - Employment
1446Americans w/Disabilities Act - Other
1465Other Immigration Actions
1470Civil (RICO)
1625Forfeiture - Drug Related
1690Forfeiture - Other
1720Labor Laws - Labor/Mgmt Relation
1791Labor Laws - Retirement Act 1974
1850Securities Commodities Exchange
1870Tax Suits
1890Other Statutory Actions
1891Agricultural Acts
1893Environmental Matters
2110Insurance
2151Contract: Medicare Act Overpay
2152Recvry of Defaulted Student Loans
2190Contract: Other Contract Action
2210Condemnation
2220Real Property: Foreclosure
2240Real Property: Torts to Land
2290Real Property: Other
2320Assault Libel and Slander
2330Personal Injury: Federal Employers Liability
2340Marine Personal Injury
2350TORTS INJURY: Motor Vehicle
2360Personal Injury: Other Personal
2362Personal Injury: Medical Malpractice
2370Personal Property: Fraud
2371Truth in Lending
2380Personal Property: Other
2410Antitrust
2422Bankruptcy Appeals Rule 28 USC 158
2423Withdrawal
2430Banks and Banking
2440Civil Rights: Other
2441Civil Rights Voting
2442Civil Rights: Jobs
2443Civil Rights: Accomodations
2445Americans w/Disabilities Act-Empl
2446Americans w/Disabilities Act-Othr
2460Deportation
2462Naturalization Application
2463Habeas Corpus - Alien Detainees
2465Other Immigration Actions
2480Consumer Credit
2510Prisoner Petitions -Vacate Sentence
2530Habeas Corpus (Prisoner Petition)
2535Habeas Corpus: Death Penalty
2540Prisoner Petitions-Mandamus/Other
2550Prisoner - Civil Rights
2555Prison Conditions
2560Civ Detainee - Cond of Confinement
2625Drug Related Seizure of Property
2690Other Forfeiture and Penalty Suits
2710Fair Labor Standards Act
2720Labor/Management Relations
2790Other Labor Litigation
2791Employee Retirement
2830Patent
2850Securities Commodities Exchange
2860Social Security
2861Medicare
2862Social Security: Black Lung
2863DIWC / DIWW (Social Security)
2864SSID Title XVI (Social Security)
2865R.S.I.
2870Taxes (U.S. Plaintiff or Defendant)
2871IRS Third Party Suits (TAX DC)
2890Other Statutory Actions
2891Agricultural Acts
2893Environmental Matters
2895Freedom of Information Act
2899Adminstrative Review Act
2950Constitutionality of State Statutes
2990Other
3110Contract: Insurance
3120Contract: Marine
3130Contract: Miller Act
3140Contract: Negotiable Instrument
3150Overpayments & Enforcement of Judgments
3151Overpayments Under the Medicare Act
3160Contract: Stockholder Suits
3190Contract: Other
3196Franchise
3210Land Condemnation
3220Real Property: Foreclosure
3230Real Property: Rent Lease Ejectment
3240Real Property: Torts to Land
3290Real Property: Other
3310Airplane Personal Injury
3315Airplane Product Liability
3320Assault Libel and Slander
3330Federal Employers Liability
3340Personal Injury: Marine
3350Personal Injury: Motor Vehicle
3355Motor Vehicle Product Liability
3360Personal Injury: Other
3362Personal Injury: Medical Malpractice
3365Personal Injury: Product Liability
3367Torts
3368Personal Injury: Asbestos Prod Lia
3370Personal Property: Fraud
3371TORTS-Truth in Lending
3375Other Statutes: False Claims Act
3380TORTS PERSONAL PROPERTY-Other
3385Property Damage: Product Liability
3400STATUTES-State Reapportionment
3410Antitrust
3422Bankruptcy Appeals Rule 28 USC 158
3423Bankruptcy Withdrawal 28 USC 157
3430STATUTES-Banks & Banking
3440Civil Rights: Other
3441Civil Rights: Voting
3442Civil Rights: Jobs
3443Civil Rights: Accommodations
3444Civil Rights Welfare
3445Americans with Disabilities Act - Employment
3446Americans with Disabilities Act - Other
3448Civil Rights
3450Interstate Commerce
3470Racketeer Influenced & Corrupt Organizations (RICO)
3480Consumer Credit
3490Cable/Satellite TV
3530Prisoner: Habeas Corpus
3535Habeas Corpus - Death Penalty
3540Prisoner Petitions-Mandamus/Other
3550Prisoner: Civil Rights
3555Prisoner Petitions - Prison Condition
3560Prisoner Petitions
3710Labor: Fair Standards
3720Labor/Management Relations Act
3730Labor: Reporting/Disclosure
3740Labor: Railway Labor Act
3750Labor
3751Labor: Family and Medical Leave Act
3790Labor: Other
3791Employee Retirement (ERISA)
3820Property Rights: Copyright
3830Property Rights: Patent
3840Property Rights: Trademark
3850Securities Commodities Exchange
3864SOC SEC-SSID Title XVI
3890Statutes: Other
3891Statutes: Agricultural Acts
3892Economic Stabilization Act
3893Environmental Matters
3895Statutes: FOIA 1974
3896Other Statutes
3899Other Statutes
3950Constitutionality of State Statutes
3990Other
3999Miscellaneous
4110Contract: Insurance
4120Marine Contract Actions
4140Contract: Negotiable Instruments
4150Contract: Overpayment Recovery
4160Contract: Stockholders Suits
4190Contract: Other
4195Contract: Product Liability
4196Franchise
4220Real Property: Foreclosure
4230Rent Lease Ejectment
4240Torts to Land
4245Tort: Personal Liability
4290Real Property: Other
4310Personal Injury: Airplane
4315Airplane Product Liability
4320Personal Injury: Assault Libel & Slander
4340Marine Personal Injury
4345Marine Product Liability
4350Personal Injury: Motor Vehicle
4355Motor Vehicle Product Liability
4360Personal Injury: Other Personal
4362Personal Injury: Medical Malpractice
4365Personal Injury: Product Liability
4367Torts
4368Personal Injury: Asbestos
4370Personal Property: Fraud
4371Truth in Lending
4380Personal Property: Other
4385Property Damage-Product Liability
4440Civil Rights-Other
4442Civil Rights Jobs
4443Civil Rights Accommodations
4470STATUTES-RICO
4480Consumer Credit
4790Other Labor Litigation
4890Other Statuatory Actions
4896Other Statutes
4950Constitutionality of State Statutes
5362Medical Malpractice
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
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All reporters › se › Volume 61 Opinions in se, volume 61
Ragan v. Shiver Page 1 The petition alleged that Noah Alligood died seized and possessed of a lot of land which was duly set apart as a year’s support to his widow and three minor children, two of whom are the plaintiffs.… (After stating the foregoing facts.) Anton Motz sued the Central of Georgia Kailway Company to recover damages for the homicide of his son, nine years of age.… Fleming v. City of Rome Page 5 This writ of error brings under review the refusal to grant an iñterlocutory injunction, and presents for judicial answer the question, whether the municipal authorities of the City of Borne can lawfully have one of its streets brought to a grade pre■viously established on the city’s initiative, without first having… Walker v. Hillyer Page 8 1. Where a rule nisi issued on a motion to retax costs, returnable to a stated term of court, requiring the respondent “to make answer to the same at the hearing,” the respondent could urge, at the hearing, that under the facts alleged in the motion to retax costs, it should be denied, notwithstanding the hearing… Winn v. Lunsford Page 9 The record affirmatively discloses that at the time the twelve months’ support was set aside, there was no administration upon the estate of the decedent.… Glover v. Cox Page 12 The action was complaint for land. After the 'introduction of evidence by the plaintiff and the defendant, the ■court directed a verdict in favor of the latter, and the plaintiff i excepted.… Under the evidence in this case, there ivas no abuse of discretion in refusing to grant an injunction or appoint a receiver.… Kilkenny Plantation v. Furber Page 13 (After stating the facts.) The petition alleged the emploiunent of plaintiff by defendant,, performance of services, completion of the contract of labor, with the statement, in a general way, of the work done and the amount of compensation to which plaintiff was entitled.… Hixon v. State Page 14 (After stating the facts as above.) Upon the trial of the case, the defendant’s counsel objected to-the following testimony of George Brown: “Two places were-pointed out to me where he was struck, one.on the Pike side above the bridge, I suppose 200 yards.… Griffin v. Griffin Page 16 1-3. The plaintiff, against whom a warrant for seduction had been issued, stopped the prosecution by marrying the female alleged to have been seduced, and by giving the statutory bond.… City of Elberton v. Adams Page 18 (After stating the facts.) We are of the opinion that the court did not err in granting the interlocutory injunction.… The judgment in this case is affirmed under the rule that the .discretion of the trial judge in granting or refusing injunctions at the interlocutory hearing will not be interfered with unless it is made to appear that there was an abuse of discretion.… Dennington v. Mayor of Roberta Page 20 (After stating the facts.) 1. The primary question to be settled is the right of the town of Eoberta to levy a tax, under the conditions appearing from the petition, after the repeal of the law which authorized the levy and collection of the tax.… Town of Decatur v. DeKalb County Page 23 We do not think there was any error in granting this order.… Hart v. Lewis, Shore & Co. Page 26 This is a suit brought by Mattie Hart against Eewis, Shore & Company, a partnership, to enjoin the cutting of timber upon a described tract-of land.… Felton v. City of Atlanta Page 27 1. The common inherent right which every citizen has of enjoying the inestimable blessing of laboring at any honest employment he may choose, save only so far as restrictions are necessary to the protection of the public peace, health, safety, and morality, is so well established that limitations thereon are to be… Walton v. Henderson Page 28 Henderson, as guardian- of four minor children, brought suit in trover, in Jasper county court, against' Walton.… (After stating the foregoing facts). We think the judge erred in overruling the affidavit of illegality.… Meinhard, Schaul & Company (the plaintiffs in error) brought a suit against the defendants in error, on an account for goods furnished.… Defendant, by deed of May 29, 1905, conveyed land to one James Butler.… Melton v. Railroad Page 39 Peter Myers was killed by a locomotive and tender on the Chesapeake & Ohio Railway, and his administrator having recovered a judgment for $2,000 the railroad company • has appealed the case to this Court.… Horner v. Amick Page 40 Horner brought a chancery suit against Elizabeth Amick .and others, the bills charging that Stevenson had conveyed to J.… Johnson v. Ridgley Page 42 In his petition to the circuit court for an appeal from the judgment of a justice the defendant alleged “that for a long time before” February 2, 1904, the return day of the process and the date of the judgment, “his wife had been seriously ill and in consequence thereof he was compelled to have her go to the hospital… Hysell v. Central City Page 43 This is an action on the case, by Martha L.' Hysell, admin-istratrix, for the death of her husband, the alleged result of negligence of the defendant in allowing one of its public streets to become and remain out of repair.… The Baltimore & Ohio Railroad Company complains of a judgment for $500.00, rendered against it and in favor of Homer Shelia Conrad, an infant, on a demurrer to evidence by the circuit court of Cabell county, in an action for injuries sustained by the plaintiff while playing on an unlocked, *177unfastened and unguarded… McCaskill v. . Walker Page 46 Plaintiffs allege that they are the owners and entitled to the possession of the locus in quo, and that defendants are in the wrongful possession thereof, and they demand judgment.… Phillips v. . Little Page 49 Defendant appealed. The facts are stated in the opinion.… Corinthian Lodge v. . Smith Page 49 (The difference between this and a "builder's contract," in its accepted meaning, and the liability under the latter, discussed and distinguished by HOKE, J.) There was evidence tending to show that plaintiff lodge, in 1904, was *Page 181 erecting a Masonic temple for the use of the order in the town of Rocky Mount… Bridgeport Organ Co. v. Snyder Page 51 The following issues were submitted to the jury: 1.… Godwin v. Erwin Cotton Mills Co. Page 52 after stating tbe case: We are of the opinion that this case was tried upon an erroneous theory or principle.… This action was begun before a justice of the peace to recover the value of goods sold.… Biggers v. . Matthews Page 55 Plaintiff appealed. The facts are stated in the Opinion.… Rutherford v. . Ray Page 57 CLARK, C.J., dissenting, arguendo. This action is prosecuted by the feme plaintiff for the purpose of quieting and removing a cloud from the title to her separate real estate.… State v. . Williams Page 61 CLARK, C. J., and HOKE, J., dissenting. By chapter 24, Laws, 1907, the Legislature enacted a statute declaring that it shall be unlawful for any person to "manufacture, sell, or otherwise dispose of for gain" spirituous, vinous, or malt liquors in the county of Burke.… This is a motion to set aside an order made by the judge of the Judicial District at Kinston, N.C.… Ives v. New Bern Lumber Co. Page 70 Defendant appealed. The facts are stated in the Opinion.… Bryan v. . Eason Page 71 This proceeding was brought before the clerk for the partition of land and transferred to the Superior Court for trial upon the issues raised by the pleadings.… Sanford v. Seaboard Air Line Ry. Page 74 April 3, 1908. The opinion of the Court was delivered by This action was commenced May 30, 1906, for the recovery of one hundred and eighty-five dollars, and in the complaint therefor two causes of action, one for fifty dollars, for the loss of two bags of fertilizers and the expenses of re-sacking and for other… Koth v. Pallachucola Club Page 77 April 2, 1908. The opinion of the Court was delivered by In this action to recover possession of two hundred and fifteen acres of land, the plaintiff, having introduced evidence tending to show title in Ann Mary Mason, proved a tax deed from the sheriff of Hampton County to H.C.… Williams v. Salmond Page 79 March 30, 1908. The opinion of the Court was delivered by This appeal is from an order overruling a demurrer to the complaint.… Clarke v. Home Fund Life Ins. Page 80 April 2, 1908. The opinion of the Court was delivered by *Page 496 The plaintiff sued as the administrator of the estate of David A.… Woodward v. Cave Page 82 April 11, 1908. The opinion of the Court was delivered by The complaint in this action alleged that on the 13th day of June, 1906, plaintiff traded defendant a horse worth $175 for a mare and agreed to give $100 to boot, giving three notes to defendant for said sum which were secured by a chattel mortgage on the mare… April 8, 1908. The opinion of the Court was delivered by The plaintiffs, W.S.… Wilson v. Gordon Page 85 The arguments in this case have been misplaced and there are none on file.… T’he opinion of the Court was delivered by This action affords a remarkable instance of what can be accomplished even under a “summer sun,” for it seems that these two- young men, the defendants, began work late in July, 1905, when they *566engaged in getting out the timbers to1 complete a brick store in the town of… Wood v. Pacolet Mfg. Co. Page 95 April 14, 1908. The opinion of the Court was delivered by The plaintiff owns lands on the Pacolet River, adjoining the lands of the defendant, on which its large cotton mills stand.… Blassingame v. City of Laurens Page 96 April 14, 1908. The opinion of the Court was delivered by The city council of Laurens, in the Spring of 1904, received bids for the repair and improvement of certain streets of the city.… J. C. Stevenson Co. v. Bethea Page 99 April 1, 1908. The opinion of the Court was delivered by This was an action for claim and delivery, instituted by plaintiff against defendant on the 27th day of February, 1902, to recover the possession of certain personal property described in the complaint.… Hudson v. Schumpert Page 104 April 11, 1908. The opinion of the Court was delivered by The complaint of the above named plaintiff is as follows: "That he is the owner of and seized in fee of the following described real estate situate in the County of Lexington and State of South Carolina: `All that tract known as Division No. 3, as follows… Hudson v. Schumpert Page 105 The opinion of tire Court was delivered by The complaint of the second action is the same as in the first, except the change of party- *23 defendant, and the description of the tract of land alleged to contain 116 acres.… April 9, 1908. The opinion of the Court was delivered by This is a suit for the recovery of twenty thousand dollars damages, because plaintiff alleges that her husband, J.O.… Cole v. Ward Page 108 The opinion of the Court was delivered by Prior to the year 1889 J.… Otts v. Otts Page 109 April 11, 1908. The opinion of the Court was delivered by These proceedings were instituted by petitioner for dower in four tracts of land containing in the aggregate about nine hundred acres, now owned by defendants separately.… Cauthen v. Cauthen Page 112 March 30, 1908. The opinion of the Court was delivered by This case has been before this Court twice before (70 S.C.… Ketron v. Sutton Page 113 Plaintiffs brought an action for damages ^gainst defendant.… Smith v. Smith Page 114 The lot of land involved in the present suit was conveyed by deed in 1874 to Mary J.… Robinson v. McAlpin Page 115 This is a petition for mandamus, to compel the ordinary of Chatham county to transmit to the superior court of that county the original papers pertaining to a case in which an •appeal to the superior court had been entered.… Chamberlain v. Bright Page 116 1. Under the ruling in Phillips v. Sou. Ry.… Maxwell v. Hood Page 116 There was no complaint that any error of law was committed by the judge upon the trial; the evidence authorized the verdict, and the court did not err in refusing a new trial.… Southern Railway Co. v. Brewer Page 116 1. There was sufficient evidence to support the verdict.… Crawford v. Roney Page 117 (After stating the foregoing facts.) The plaintiff’s suit was based on two grounds: (1) that the 'defendant had subscribed for stock amounting to $1,000, had only paid $.100, and "was still due $900; (2) that the company bought from certain stockholders their shares of stock, and the remaining *517stockholders… Burg v. Hilton & Dodge Lumber Co. Page 120 Applying the rule that pleadings are to be taken most strongly against the pleader, and in view of the allegation that the-plaintiff was at work “at” a “butting saw,” and was engaged in turning logs on a “carriage” in connection therewith, by using a “cant-hook,” and that there was no distinct allegation that he did… Wells v. Hawkins Page 121 Where, in a statutory proceeding to foreclose a mortgage on realty, the mortgagor in his answer to the rule nisi, sets up as cause why the rule absolute should not be granted, that a homestead has been set apart to him, as the head of a family, in the mortgaged premises, and the issue thus, raised is tried and found… Burdett v. Burdett Page 121 “Exceptions in writing to tlie decision of the court of ordinary are necessary as a basis of a certiorari thereto; and where it appears that no such written exceptions were made, it was proper to dismiss the certiorari.” Civil Code, §4635; Morris v. Morris, 74 Ga.… Day, Avery & Co. v. Cox Page 121 1. A testatrix by her will devised to her husband a life-estate in certain lands, and provided that he should control and have possession thereof until his death, for his support and maintenance, free from any debts, judgments, or incumbrances against him, in order that he might protect, care for, and support himself… Under existing laws of Georgia, shares of stock in those-domestic corporations, such as banks, whose property is required by law to be returned for taxation by the president thereof, are not taxable in the hands of the shareholder.… Loudermilk v. Martin Page 122 The defendant in error made application to> enjoin' the plaintiffs in error from cutting and removing growing trees from lands which she claimed.… Polk v. Thomason Page 123 (After stating the facts.) The statute involved in this case is exceedingly drastic.… Buchanan v. James Page 125 (After stating the facts.) 1. Our statute declares that all roads laid out for public use by an order of the ordinary are public roads.… Crovatt v. Baker Page 127 In the plaintiff’s petition it was alleged that ¡several persons owned a certain tract of land in the city of Bruns■wick.… Ferguson v. Southern Ry. Page 129 March 23, 1912. The opinion of the Court was delivered by Plaintiff recovered judgment against defendant for $34, the value of a lost shipment of sugar and rice, consigned to him, at Yorkville, S.C.… Ferrell v. Gill Page 131 In the superior court, on appeal from the court of ordinary, John Gill'Sr., as propounder, offered for probate the last will and testament of Mary "Virginia Ferrell, deceased, and the codicil thereto.… Davis v. State Page 132 One night last August two gentlemen, while standing in the concealment' of a warehouse door in the city of Vienna, saw two negroes, one of them the defendant, the other Perry Street, go behind the warehouse and sit down on a platform.… Clements v. State Page 132 Will Clements was convicted of the crime of burglary, on an indictment charging that he “did unlawfully and with force and arms the dwelling-house of Mrs. Fannie Furlow break and enter, with intent to commit a larceny.” His motion for a new trial being overruled, he brings the ease to this court.… Howell v. Simpson Grocery Co. Page 133 No error of law appears, and the verdict of the jury settles the conflict in the evidence.… Barker v. State Page 133 The evidence was circumstantial only, and presented several reasonable theories other than that of the defendant’s guilt.… Jones v. State Page 133 1. Whether the explanation which the accused makes of his possession of property recently stolen is sufficient to rebut the inference of guilt arising from such possession is a question to he determined solely by the jury.… Wilson v. Cobb Page 133 The original motion contains only the general grounds; the amendment contains several special grounds.… Boyd v. State Page 134 1. Where an indictment for burglary alleges, as the purpose of the breaking, the intent to commit a larceny, no description, value, or ownership of any goods intended to be stolen need be alleged.… Sons & Daughters of Job v. Wilson Page 134 Annie Bell Wilson brought suit in the city court of Jeffersonville against the Sons and Daughters of Job.… Ingram v. Savannah Electric Co. Page 134 In a suit to recover damages resulting from an assault and battery, the extent of the injury, and the existence and character of mitigating circumstances, are to be determined exclusively by the jury; and a verdict for nominal damages, approved by the trial judge, will not be disturbed by this court.… Gude & Walker v. Bailey Co. Page 135 When parties enter into a contract for the sale of personal property and name therein a time at which delivery is to take place, the question as to whether or not the time named is a material.part of the contract is a question to be decided in each case by a construction of the language used, in the light of the other… Purcell v. Armour Packing Co. Page 138 1. The Armour Packing Company, as payee, sued Purcell as maker, on a bank check.… Teasley v. Brenau Ass'n Page 141 The defendant in error brought suit against T.… Carter & Ford v. Brown Page 142 A fi. fa. against J. T. Brown and in favor of Carter & Ford was levied on certain personal property, which was claimed by Mrs. Belinda Brown.… King & Co. v. Cantrell Page 144 In June, 1905, Cantrell obtained .from King & Co. $45; and in September, 1905, obtained a like sum.… WALKER and BROWN, JJ., dissenting. There was evidence tending to show that plaintiff was a firm engaged in the manufacture of furniture, having its mill at Lenoir, N.C.; that on or about 21 October, 1905, the Erie City Iron Works, of Erie City, *Page 67 67 Pa., shipped to plaintiff, as consignee, at Lenoir, N.C.… Stubbs & Co. v. Waddell Page 145 The questions in this case arise on a rule to distribute money in the hands of the sheriff, realized from the sale of personal property of the defendant.… Clements v. National Bank Page 146 1. A sued B, O, and D, as makers of a promissory note, also claiming attorneys’ fees, and alleging the statutory notice therefor.… Richter v. State Page 147 1. Where the testimony of an absent witness would not be admissible or material, it is manifestly not an abuse of discretion to refuse a continuance because of his absence.… Griner v. Baggs & Perry Page 147 This action arose over the purchase-price of 98 sacks of cottonseed meal sold by the plaintiffs to the defendants as fertilizing material.… Rowland v. Page Page 148 1. Section 5430 of the Civil Code prescribes the condition of a forthcoming bond authorized to be taken by the levying officer, and the officer has no right to vary the condition by any agreement with the defendant in execution.… Marietta Fertilizer Co. v. Beckwith Page 149 The Marietta Fertilizer Company sued W. B.… Wilkinson v. Linkous Page 152 In ejectment by tax-purchaser against one claiming under the former owner, the plaintiff introduced in evidence his tax deed from the cleric of the county court, showing sale of the land sued for and purchase thereof by him in December, 1901, for the taxes delinquent for 1899, objection to which by the defendants was… Null v. Bowman Page 154 . .This is an action by T. A. Null against Stewart H.… Slaughter v. City of Huntington Page 155 J. Slaughter sued the City of Huntington to recover damages from falling while crossing a street, and the court directed a verdict for the defendant, and Slaughter has brought the case here.… Lay v. Elk Ridge Coal & Coke Co. Page 156 Rufus Toler an employee of the Elk Ridge Coal and Coke Company, was fatally injured at its tipple at the foot of *290its incline by a loose car of coal, and W.… Anderson v. Lewis Page 160 On the 6th day of February, 1907, S. W. Anderson obtained a verdict against J.… Priddy v. Coal Co. Page 163 At the Black Betsey Coal & Mining Company’s coal mining plant from the mouth of the bank to the dump or tipple, where the coal cars filled in the bank are dumped *243into railroad cars, runs a railroad track a distance of forty-three feet over a trestle a considerable height above the ground.… Hudkins v. Crim Page 166 Abram A. Hudkins gave two deeds of trust on a tract of 192 acres of land in Barbour county to secure two debts to J.… HOKE, J., dissenting. Action for personal injury sustained by the alleged negligence of defendant.… Gilbert v. . Machine Co. Page 176 The complaint, containing, the written contract entered into between the parties, is as follows: Plaintiffs allege: 1.… Royster v. Southern Railway Co. Page 179 At the conclusion of the evidence the court sustained the motion of defendant to nonsuit the plaintiff upon the ground that upon his own evidence he was guilty of such contributory negligence as barred recovery.… Tussey v. . Owen Page 180 This was an action brought to recover $2,000 for services rendered by the feme plaintiff to her father.… Thompson v. Southern Express Co. Page 182 This is an action instituted before a justice of the peace of Alamance Court for the recovery of $2 for the loss of a jug of whiskey alleged to have been shipped by Moyle Bros., Salisbury, N.C.… after stating tbe facts: Was plaintiff’s intestate injured while in tbe mail car .on defendant’s road ?… R. R. v. . R. R. Page 185 A jury trial having been formally waived by the parties, the court heard the testimony and found the facts as follows: 1.… This action was brought to recover $500, it being the amount of an insurance policy issued 8 November, 1905, by the defendant on the life of Roger Matthews, the husband of the plaintiff, for her benefit.… Benson v. . Jones Page 193 CONNOR, J., dissenting, arguendo; WALKER.… State Ex Rel. Etchison v. McGuire Page 196 The plaintiffs except to and appeal from an order of Justice, J., at September Term, 1907, of DAVIE, directing that W.… J. F. White Co. v. Carroll Page 196 This action was brought to recover a debt of $300 and a stock of goods which the plaintiff alleged had been mortgaged to him by the defendant to secure the indebtedness.… The defendant demurred to the complaint ore tenus and moved to dismiss it because it fails to state a cause of action.… Ogilvie v. Conway Lumber Co. Page 200 April 11, 1908. The opinion of the Court was delivered by The plaintiff, a minor, sustained personal injuries while operating a trim or butt saw in the employ of the defendant company in its lumber mill at Conway, Horry County, on November 12, 1904, and brought *Page 8 this action for damages, alleging that the said… Hunter v. D. W. Alderman & Sons Co. Page 202 April 9, 1908. The opinion of the Court was delivered by The plaintiff in this action alleges that the defendant is a corporation with one of its places of business at Alcolu, Clarendon County, South Carolina, and has one of its steam saw mills at said place.… Heape v. Berkeley County Page 203 April 14, 1908. The opinion of the Court was delivered by On the ____ day of August, 1904, Mrs. Emma A.… Smith v. Southern Ry. Page 205 April 11, 1908. The opinion of the Court was delivered by The complaint was to recover damages of the defendant company and its conductor, Lawson, for personal injuries alleged to have been sustained by plaintiff at Belton, S.C.… April 21, 1908. The opinion of the Court was delivered by This is an application addressed to the Court, in the exercise of its original jurisdiction, for an injunction.… The opinion of the Court was delivered by ¡The facts in the case are similar to those set out in the opinion just filed, in the case of the State of South 'Carolina ex relatione J.… The opinion of the Court was delivered by The facts in this case are similar to those set out in the opinion just filed, in the case of the *117 State of South Carolina, ex relatione, J.… The opinion of the Court was delivered by The respondents, in their answer, assert the right of trial by jury.… State Ex Rel. Lyon v. Carroll Page 209 The opinion of the Court was delivered by The facts in this case are similar to those set out in the opinion just filed, in the case of the State of South Carolina, ex relatione, J.… The opinion of the Court was delivered by The facts in this case are similar to those set out in the opinion* just filed, in the case of the State of South Carolina, ex relatione, /.… State Ex Rel. Lyon v. Schiaderessi Page 210 The opinion of the Court was delivered by The facts in this case are similar to those set out in the opinion just filed in the case of the State of South Carolina, ex relatione, J.… Hubbard v. Furman University Page 210 April 16, 1908. The opinion of the Court was delivered by The Circuit Court, in sustaining a demurrer to the original complaint on the ground that it did not contain a statement of facts sufficient to constitute a cause of action, gave the plaintiff leave to amend his complaint within twenty days.… The opinion of this Court was delivered by The facts in this case are similar to those set out in the opinion just filed, in the case of the State of South Carolina, ex relatione, J.… State Ex Rel. Jernigan v. Stickley Page 211 April 16, 1908. The opinion of the Court was delivered by This was a proceeding in the original jurisdiction of this Court in the nature of a quo warranto against defendants, requiring them to answer to the State and show by what warrant or authority they claimed to hold the offices of intendant and wardens of the… April 11, 1908. The opinion of the Court was delivered by *Page 12 This is an action for specific performance and for damages.… Mayes v. Evans Page 216 June 5, 1908. The opinion of the Court was delivered by This was a special proceeding under Section 2423, Vol.… April 21, 1908. The opinion of the Court was delivered by *Page 108 Plaintiff brought this action for permanent injunction restraining defendant from cutting the timber on the tract of land described in the complaint.… Hunt v. Gower Page 218 April 18, 1908. The opinion of the Court was delivered by By a contract dated 4th March, 1907, plaintiff, T.F.… Shelton v. Southern Ry. Page 220 April 16, 1908. The opinion of the Court was delivered by *Page 75 This is an appeal from an order of Judge Ernest Gary, made at his chambers at Columbia, S.C.… Powers v. Smith Page 222 April 21, 1908. The opinion of the Court was delivered by In the answer to this complaint for partition, the defendants set up exclusive title to the land in themselves, and on the legal issue of title, the jury found in their favor.… City of Greenville v. Latimer Page 224 April 20, 1908. The opinion of the Court was delivered by The appellant was convicted of larceny before the mayor of Greenville, and, on appeal to the Circuit Court, Judge Gage set aside the sentence and remanded the case for a new trial on the ground that the testimony was not taken down in writing and signed by the… The Lumbermen’s Supply and Equipment Company, upon a judgment in its favor against M.… Southern Railway Co. v. Clay Page 226 1. A petition alleged, that a man went to a railway station to assist his wife to board a train; that he helped her to enter the coach and carried for her a heavy valise, which she Could not well lift; that this was done with the knowledge and consent of the conductor; that a reasonable time was not allowed him to… City of Fitzgerald v. Witchard Page 227 On the argument the point was made that even if, under the ruling in Mellon v. Moultrie, 114 Ga.… Wickery v. Field Page 228 There was sufficient evidence to sustain the verdict, and the trial court did not err in overruling the motion for a new trial.… Taliaferro v. Columbus Railroad Co. Page 228 (After stating the facts.) 1. The plaintiff in error contends that the court erred in refusing to dismiss the motion for new trial, because the movant failed, within thirty days after the trial, either to file a brief of the evidence or to obtain an order granting further time in which to file the same.… (After stating the foregoing facts.) 1-4.… Dew v. Smith Page 232 The plaintiff in error sought, by means of a possessory warrant, to recover possession of certain cattle alleged to be in the wrongful possession of the\\ defendant in error.… Green v. State Page 234 Ed Green was found guilty, in the city court of Tifton, of unlawfully selling intoxicating liquors without a license.… Acme Food Co. v. Older Page 235 The Acme Food Company obtained a judgment against J.… Hagan v. Hanks Page 245 April 20, 1908. The opinion of the Court was delivered by In 1862 William Johnson Stevenson, of Abbeville County, in this State, departed this life intestate; by his last will, after providing for the payment of his debts, he devised and bequeathed as follows: "That is to say, first, I give to my mother, Rebecca… Whilden v. Chapman Page 249 April 18, 1908. The opinion of the Court was delivered by The facts in this case are thus stated in the decree of the Circuit Judge, Hon.… Rykard v. Seaboard Air Line Ry. Page 252 April 14, 1908. The opinion of the Court was delivered by This action was commenced in the court of magistrate Austin, Greenwood County, State of South Carolina, on the 18th day of July, 1906.… State Ex Rel. Fooshe v. Burley Page 255 April 21, 1908. The opinion of the Court was delivered by This is an appeal from an order of his Honor, Judge John Wilson, granting a peremptory writ of mandamus, commanding the respondent, as county supervisor of Fairfield County, to publish the statement of claims audited by the board of county commissioners of said… Guerard v. Jenkins Page 258 April 24, 1908. The opinion of the Court was delivered by This is an appeal from an order sustaining a demurrer to the complaint, and the question is not whether the complaint states a cause of action from *Page 224 which the relief asked for could flow, but whether, on proof of facts alleged, the plaintiff would be… The plaintiffs allege that the defendant erected and maintained in the town of Washington, N.C.… There was evidence on the part of plaintiff tending to show that on or about 7 June, 1906, the plaintiff and her sister were passengers (499) on defendant's train, going from Hillsboro to Mebane, N.C.… Cherry v. . Williams Page 267 The complaint alleged and there was evidence tending to show: 1.… Hardware Co. v. . R. R. Page 271 It was made to appear that the Corporation Commission, acting under power expressly conferred upon it by the statute (Revisal, sec.… PLAINTIFF'S APPEAL. This is a civil action, brought by plaintiff as trustee in (471) bankruptcy of the above named corporation to recover of defendant a large balance alleged to be due on an account for lumber furnished defendant, and for damages alleged to have been sustained by the bankrupt for a breach of a part of… Wall v. . R. R. Page 277 It is well settled by this Court that the General Assembly is entirely within its powers in imposing penalties for unreasonable delay in the transportation of intrastate freight.… Kyles v. Southern Railway Co. Page 278 The complaint alleges (1) the careless and negligent mutilation of the dead body of plaintiff's husband by continuously running its train back and forth over it for nearly twenty-four hours after the killing, the body all this time lying exposed on the track between the rails; (2) the willful, wanton, and reckless… Southern Audit Co. v. McKensie Page 283 (463) This action was brought for a mandamus.… Thompson v. . R. R. Page 286 CONNOR, J., dissenting, arguendo. The action was to recover damages for the alleged negligent killing of plaintiff's intestate.… Bright v. State Page 289 The defendant, Harry Bright, was, by accusation, charged with a misdemeanor, in that, by offering higher wages, he attempted to entice, persuade, and decoy Bobert Brown and Cleveland Sweet, farm laborers of Virginia Harris, to leave' her while they were under contract with her and after they had actually entered upon… Caldwell v. Campbell Page 290 The plaintiff, an insurance agent, took from the defendant an application for insurance, in which the amount of the premium was left blank.… Macon Railway & Light Co. v. Lewis Page 290 Mrs. D. N. Lewis brought suit in the city court, of Macon against the Macon Kailway and Light Company, to recover damages resulting from personal injuries.… Mathews v. State Page 292 The assignments of error are entix-ely without merit, and the verdict is fully supported by the evidence.… Nix v. Southern Railway Co. Page 292 A car-coupler who sees and • knows that the draw-head and knuckle of the coupling are defective and will not act automatically, and who, while an engine with cars attached is backing rapidly to the point where the coupling is to be made, kicks against the draw-head and knuckle, to adjust them, just at the moment of… Taylor v. Futch Page 292 Futch sued Taylor on a promissory note. The defendant pleaded, that he paid the note, by reason of the fact that he was garnished on a fi.… Carr v. State Page 293 1. Tlie charge on the subject of alibi, taken in its entirety, is substantially in accord with what this court approved in the case of Smith v. State, 3 Ga.… Padgett v. Waters Page 293 1. Under the Civil Code, §4738, when an affidavit of illegality is filed on the levy of an execution, it is the duty of the levying officer to “return the execution, affidavit, and bond, to the next term of the court from which the execution issued.” 'No exception to this rule arises by reason of the fact that the… The South Georgia Building and Investment Comjiany brought suit against Thomas Mathews and Samuel Greer, to recover damages for the malicious prosecution of a civil suit without probable cause, or for the malicious use of civil process.… Clarke Bros. v. Deal Page 295 1. In order for this court to review a refusal to sanction a certiorari, the petition must be incorporated in the bill of exceptions or otherwise verified as a part thereof by the trial judge; an unsanctioned, petition can not be specified as a part of the record.… Atterberry v. State Page 296 Though a single act of gaming, without more, will not constitute the house in which it occurs a gaming-house, yet where the owner, for a consideration paid him, invites or permits other persons to use his house, though on only a single occasion, for the purpose of gambling, he is guilty of a violation of that portion… Lowry National Bank v. Maddox Page 296 The defendant executed his promissory note prom-' ising to pay Brooke, or order, a sum of money on a day fixed.… Howard v. Rumble Page 297 This is a contest by money rule between Howard and Rumble, over the proceeds of a horse and mule sold by the sheriff under a mortgage foreclosure in favor of Howard against a common debtor of his and Rumble’s.… Bank of Sparta v. Butts Page 298 This was an action of trover brought by the Bank of Sparta against D.… 1. One who receives promissory notes or other ehoses in action as collateral s'ecurity is bound to use ordinary diligence to collect' them.… Butts v. Bank of Sparta Page 300 This case is controlled, by the decision this day rendered in Bank of Sparta v. Butts, ante (61 S.… McDermitt v. Newman Page 300 This appeal is- on behalf of I. V. Newman and Emma L.… Boyd v. Beebe Page 304 In an action of debt on two promissory notes, one of $800.00 and the other for $4,002.43, both payable to John V.… Sult v. A. Hochstetter Oil Co. Page 307 The A. Hochstetter Oil Company, a corporation, having entered upon a certain small tract of land in Ritchie county, known as the Linch farm, and commenced the production of oil therefrom, Peter J.… Lewis v. Hall Page 317 C. F. Ackerman and C. H. Voegele, trustees, the owners of a large tract of land called the Gallego Survey in the counties of Fayette, Raleigh and Kanawha, by contract dated June 4, 1902, made with the J.… Crawford v. Workman Page 319 E. T. Crawford and W. L. Ashby sued Allen Workman in the circuit court of Boone county to compel Workman to make them a deed for minerals in a tract of land.… Crawford v. Workman Page 322 By a deed dated 7th May, 1872, D. P. Workman conveyed to his son, Allen Workman, a tract of one hundred acres of land in Boone county.… This is another of the numerous cases, calling for construction of the contracts by foreign building associations with citi*350zens of this state, which have been before us in recent years.… July-9, 1900, plaintiff entered into a contract in writing with F.… Loar v. Wilfong Page 333 This was a suit in chancery brought by Wm.… State v. Parkins Page 337 Bennett S. White, as deputy game and fish warden, caused the indictment and conviction of Robert Parkins for unlawfully killing Virginia quail, and several fines imposed upon Parkins were paid into the circuit court of Monongalia county.… Plaintiff and defendant, June 1, 1901, entered into an ex-ecutory contract whereby the plaintiff bound himself to mine and deliver all coal in a certain area of land containing about 40 acres, for 68 cents per ton, said area to be worked and laid off according to plans outlined by the superintendent and engineer of… Adams v. Guyandotte Valley Ry. Co. Page 341 The circuit court of Cabell county having dismissed their bill against the Guyandotte Valley Railway Company and the Chesapeake & Ohio Railway Company, praying the cancellation of a certain contract, purporting to vest in the former company an interest in the coal in 3,100 acres of land, belonging to the plaintiffs… Robinson v. Sheets Page 347 In ejectment, the plaintiff claims title to 220 acres under a grant for 1,000 acres, junior to the grant for 350 acres under which defendants claim, said 220 acres lying north and east of said senior patent.… Bade v. Feay Page 348 In a chancery suit, instituted in the circuit court of Ohio county, by Fred C.… State v. Hays Page 355 The-judgment complained of is as follows: “It is considered and ordered that the name of the defendant be stricken from the roll of attorneys, practicing in this court in Calhoun county, and that he be prohibited from practicing as an attorney in the Circuit Court of Calhoun County for the term *46of five years.… Myers v. Taylor Page 358 .This was an action of debt brought by H.… Hugill v. Weekley Page 360 The decree complained of involved an action of assumpsit brought by plaintiffs as real estate brokers against the defendants, their principals, to recover commissions for sale of a tract of land of 1,000 acres in Upshur county and the lumbering plant thereon.… State v. Kiger Page 362 In'the court below, there was judgment for a fine and imprisonment on the verdict of guilty of unlawfully retailing liquors without a license.… On an agreed statement of facts, in a case carried into the circuit court of Fayette county, by appeal from the judgment of a justice of the peace, a judgment was rendered in favor *425•of the Clarke-Lawrence Company, against the Chesapeake & Ohio Railway Company, of which the latter complains.… State v. Yoho Page 367 This is the case of an indictment in the circuit court of Ritchie county charging Luticia Yoho and Joe Yoho with the murder of Harvey Yoho.… State v. Abbott Page 369 In the chancery suit of S. B. Baker v. D.… Witty v. . Barham Page 372 Defendants appealed. Ejectment by purchaser at sale under trust deeds executed by Martha Daniel of Rockingham County, in 1892, 1893, and 1894, without the joining therein or written assent of her husband, Charles G.… Briggs v. Durham Traction Co. Page 373 The court submitted these issues: 1. Was plaintiff injured by negligence of defendant, as alleged in the complaint?… This action was brought in the Superior Court to recover the sum of $147 alleged to be due by the defendant to the plaintiff by reason of a payment made by the latter to the Southern Cotton Oil Company under a bond of indemnity to secure the faithful performance of the duties of J.… Shelby v. . R. R. Page 377 The facts are stated in the Opinion. The defendant pleaded in its answer two separate and distinct defenses.… Parker v. . Fenwick Page 378 This action was brought by plaintiff against defendant J.… This action was brought by the feme plaintiff to recover damages for personal injuries.… By the testimony offered on the part of plaintiff, and admissions of defendant company, it was made to appear that, in compliance with an order from plaintiff, John T.… Dodson v. . Fulk Page 383 The action was brought by plaintiffs to recover the amount due feme plaintiff, Louisa Dodson, nee Fulk, as the distributive share of her father's estate, from defendants, who are his executors.… Williamson v. . Holt Page 384 This is an action to recover $1,050, the amount of a bond given by the defendant on 29 February, 1904, for an ice plant.… The jury found all issues of fraud against the plaintiff, (541) and found upon the other issues submitted that plaintiff ratified and acquiesced in the policy issued to him; that he did not demand a settlement before suit; that he made only two payments of premiums under protest; that the defendant has continuously… Griffin v. Forrester Page 389 April 24, 1908. The opinion of the Court was delivered by This is an action against the executors of Mary P.… Goodwin v. Columbia Mills Co. Page 390 May 25, 1908. The opinion of the Court was delivered by The defendant appeals from a judgment of twenty-five hundred dollars for personal injuries suffered by the plaintiff while employed in defendant's mill.… James v. Fountain Inn Mfg. Co. Page 391 April 24, 1908. The opinion of the Court was delivered by The plaintiff recovered judgment against defendant in this action for $500 as damages for personal injuries received by him while operating an engine *Page 234 in the employment of defendant.… Gaston v. Gaston Page 393 April 22, 1908. The opinion of the Court was delivered by The original petition in this proceeding was filed in the probate court of Spartanburg County by L.… April 24, 1908. The opinion of the Court was delivered by *Page 214 The appeal herein is from an order of Judge Purdy, granting plaintiffs leave to amend the complaint.… Heyward v. Christensen Page 399 April 21, 1908. The opinion of the Court was delivered by In this action the plaintiff sought to recover of defendant the possession of a small tract of land containing about ten acres, situated on Coosaw Island, Beaufort County.… Battle v. Horne Page 401 This ease falls within the oft-stated rule that the discretion of the trial judge refusing a new trial will not be disturbed, where no error of law is complained of and the evidence is sufficient to support the verdict.… Under the conflicting allegations of the pleadings of the respective parties, and the conflicting evidence introduced in support thereof, there was no abuse of discretion in refusing to grant an interlocutory injunction in this case.… George v. George Page 401 The evidence being conflicting as to whether the plaintiff left her husband’s home and lived apart from him because of cruel treatment, or voluntarily quitted him in unprovoked anger, without excuse and because she did not wish to live longer with him, the court below did not abuse its discretion in declining to grant… Town of Alapaha v. Paulk Page 401 1. Under the pleadings and evidence, there was no abuse of discretion in granting an interlocutory injunction.… Mallary Bros. & Co. v. Moon Page 401 In suits to recover personal property, the plaintiff may elect, at his option, one of three verdicts: (1) an alternative verdict for the property or its value, (2) a verdict for damages alone, or (3)-a verdict for the property alone, and its hire* if any.… Myers v. Hamil Page 403 The record discloses that the bill of exceptions was certified by the judge on August 5, 1907, and that on August 27, 1907, counsel for the defendant in error acknowledged service in the following language: “Service acknowledged.… Davis v. State Page 404 The prosecutor, Williams, had advanced the defendant $10 on a contract to work for him.… Lucas v. Southern Railway Co. Page 404 A petition alleged, that the plaintiff bought a certain tract of land, on the promise of the defendant (a railroad company) to put a sidetrack on it for his own use in carrying produce, sand, clay, and wood to a named city; that, after he had bought the land, the defendant complied with this promise by putting in a… Brooke v. McWhorter Page 404 'It appearing that the writing filed, purporting to be a plea of the defendant, was not signed by him or his counsel, it was error, requiring a new trial, to refuse a motion of the plaintiff to strike the same because of this fact.… Suit was brought upon an insurance policy in the sum of $1,300, written by the defendant company on the plaintiffs’ stock of goods.… Wheeler v. State Page 409 1. Under an indictment charging the commission of a criminal offense, evidence is admissible to show that the crime was committed upon any date prior to the finding of the indictment, within the statute of limitations.… Blake v. O'Neal Page 410 The circuit court of Fayette county having denied equity jurisdiction of this cause, by dismissal of the bill on final hearing, the appeal therefrom raises a number of important and s unewhat difficult questions of both substantive law- and practice.… Pennington v. Gillaspie Page 416 Assigning as grounds of error the overruling of a demurrer to the declaration, a motion tp set aside the verdict, motions to exclude the evidence, objections to the introduction of evidence, the giving of certain instructions and refusal to give others, C.… April 22, 1908. The opinion of the Court was delivered by The plaintiff obtained from the defendant company a policy of insurance against accident and sickness, dated 21st February, 1906, which contained these provisions: "Or, at the rate of fifty dollars per month for the number of consecutive days, after the first… Bankhead v. Shed Page 425 April 27, 1908. The opinion of the Court was delivered by This suit in claim and delivery was commenced in a magistrate's court and resulted in a verdict *Page 254 and judgment for defendants, but on appeal to the Circuit Court, Judge Prince reversed the same and rendered judgment in favor of plaintiff for the… Cauthen v. Hartford Life Insurance Page 428 May 1, 1908. The opinion of the Court was delivered by The complaint alleges a contract by the defendant to insure the life of Carlis T.… May 13, 1908. The opinion of the Court was delivered by This is an action for damages, alleged to have been sustained by the plaintiff, through the negligence and wilful misconduct of the defendant, a corporation engaged in the business of bleaching cotton goods.… Seibels v. Northern Central Ry. Co. Page 435 April 21, 1908. The opinion of the Court was delivered by The appeal from an order refusing to vacate an attachment levied at the instance of plaintiffs on a freight box car belonging to the defendant, New York Central Hudson River Railroad Company, a foreign corporation, while in the yard of the Seaboard Air Line… Brown v. Rogers Page 440 May 11, 1908. The opinion of the Court was delivered by In this action, brought for an accounting of the affairs of a partnership, composed of the plaintiff, M.M.… Battle v. Cape Fear Lumber Co. Page 441 The opinion of the Court was delivered by The complaint contains four separate causes of action, to recover four different tracts of land.… Messervy v. Messervy Page 442 May 9, 1908. The opinion of the Court was delivered by Plaintiff, by her guardian ad litem, commenced an action in the Court of Common Pleas for Charleston county against defendant, on January 10, 1907, for permanent alimony and for expenses and charges necessary to obtain the same.… Ex Parte Messervy Page 445 May 9, 1908. The opinion of the Court was delivered by This is an application in the original jurisdiction of this Court for writ of habeas corpus.… Henderson v. . Eller Page 446 The plaintiff alleged that he was the owner in fee and entitled to the possession of the land in controversy, and that the defendant was wrongfully in possession and unlawfully withholding it from him.… Martin v. . Knight Page 447 Plaintiff sued the original administratrix of W.… Plaintiff alleged and offered evidence tending to show that he was the owner and in possession of a `tract of land on either side of defendant railroad company's land, including same within its boundaries; that about three years ago, a short while before the institution of this suit, defendant entered on the land of… This action is brought and prosecuted for the purpose (1) of enjoining the defendant from using and operating engines and cars over its tracks and spur tracks on certain streets in the town of Tarboro; (2) for damages alleged to have been sustained by the laying of the tracks and spur tracks and operating locomotive… From the judgment rendered the defendant appealed.… State v. . Moore Page 463 His Honor found the facts and adjudged the respondent guilty, and sentenced him to be imprisoned in the common jail of Rutherford Country for thirty days, to be worked on the public roads.… The following issues were submitted: 1. Was the plaintiff injured by the negligence of the defendant?… Ross v. Bibb County Page 465 1. “Powers of all public officers are defined by law.” Pol.… Puckett v. State Banking Co. Page 465 1. A rule had been issued against a constable for failing to realize the amount due on certain executions placed in his hands.… LaRoche v. Falligant Page 465 1. In order for prescription to be a foundation of a valid title, there must be actual adverse possession for the period of twenty years, unless such possession is under color of title, in which case the period of time is reduced to seven years; and in the event possession is asserted to have been under color .of… Dyson v. Knight Page 468 (After stating the facts.) 1. The 4th ground of the motion for a new trial assigns error upon the court’s refusal to exclude the testimony of a witness as to a certain memorandum.… Hood v. Hood Page 471 (After stating the facts.) The question as to the validity of a judgment in personam rendered by a court of this State against a resident of another State, without personal service upon, or appearance bjr, the defendant, came up for consideration and decision at an early date in the history of this court, in the case… Mitchell v. Rawls Page 475 The administrator of W. A. Mitchell, deceased, brought suit against the administrator of Susan Mitchell, the wife of the deceased, as such and as an individual, to recover certain real estate for the purpose of administration.… Brown v. State Page 477 According to the evidence in this case, the deceased was mortally wounded in the early hours of the morning, by some one who fired upon him through a window located by the side of the bed in which the deceased was at the time sleeping with a woman by the name of Jennie Chappell.… Norton v. Rourke Page 478 (After stating the facts.) When one summons a ;physician to care for another, rendered by sudden illness unable to act for himself, and to whom he stands in no relationship which -creates an obligation to furnish necessary medical care, and no express undertaking is entered into, then, from the mere summoning -of the… (After stating the facts.) 1. The court did not err in overruling the defendant’s general demurrer and in refusing to dismiss the case.… The plaintiffs, I. C. Levy’s Son & Co., merchants of Augusta, instituted suit against the Gibson Line of Steamers, a corporation in this State, engaged as a common carrier, plying the waters of the Savannah river between Savannah, Ga., and Augusta, Ga., and intermediate points.… Terrell v. McLean Page 485 (After stating the facts.) 1. The plaintiff submitted evidence tending to show that the lender would not have parted with his money but for his reliance upon the truth of the clerk’s certificate of registration.… Morel v. Hoge Page 487 (After .stating the facts as above.) The contention of the Morel faction is, that an agreement was entered into between it and the Hilton faction, which agreement was a condition precedent to the incorporation of the S3rlvania & Girard Railroad Compaq, to the effect that, in consideration of the Morel faction… Bond v. City of Royston Page 491 (After stating the facts.) In the passage and adoption of the ordinance in question, the city was acting in the exercise of a governmental function, and of a part of its public powers, the act of passing or adopting such an ordinance being an exercise of the legislative powers conferred upon the municipality by the… 1. One of the questions presented in the bill of exceptions and discussed in the brief of counsel for the plaintiff in error is whether the court committed error in allowing an amendment to the original petition, over the objection that it added a new and distinct cause of action.… Even if, under the hy-laws of a benevolent fraternal association or assessment insurance society, no affirmative action is necessary in order to enforce the forfeiture of a policy of insurance, for nonpayment of dues or assessments, as the ease may be, the subsequent demand for the payment of such dues or assessments… Johnson v. Gleaton, Jones & Co. Page 493 “Where no motion for new trial is made, tlie evidence should be embodied in the bill of exceptions, or attached as an exhibit thereto, and properly identified [or since the act of 1889 (Civil Code, §5529), contained in a brief approved by the trial judge and made a part of the record].… Wilson v. Carter Page 494 Wilson, claiming to be a bona fide holder for value before maturity, brought suit on three promissory notes, against the makers.… Miller v. State Page 494 This case is controlled by the decision of this court in Jacobs v. State, 1 Ga.… Williams v. Rome Railway & Light Co. Page 495 The plaintiff in error excepts to the dismissal of her petition, on general demurrer.… Williams v. Rome Railway & Light Co. Page 495 It was error to dismiss the petition on general demurrer.… Welch v. State Page 496 The question presented by this writ of error is whether one who is confined in jail, not as a part of the enforcement of the sentence of a court, after conviction, but merely for safe-keeping, can be convicted of the offense of escape, under the provisions of §314 of the Penal Code.… Rogers v. State Page 496 In order to convict a minor between the ages of sixteen and twenty-one years, of- the offense of vagrancy, under the act of August 7, 1903 (Georgia Laws 1903, p.… Roberts v. State Page 497 (After stating the facts.) The challenge to the jurors was not to the array, hut to the polls, and should have been allowed.… (After stating the facts.) The sole question for decision arises on the construction of the foregoing correspondence.… Selman v. Barnett Page 501 The point having been raised in this case that the pauper affidavit filed by the plaintiff in error is not properly entitled in the cause, we find, upon investigation, that while R.… Edwards v. State Page 502 The defendant, who bears the unique alias, of “Bee Hive,” was indicted along with two other negroes, Lockett Walker and Red Henderson, for a robbery alleged to have been committed upon Lewis Clark.… Burch v. State Page 503 A plea of former jeopardy was filed by the defendant to an indictment charging him with simple larceny,— cattle stealing.… (After stating the foregoing facts). 1. Judge Shipp of the city court of Moultrie presided at the trial in lieu of Judge Harrell of the city court of Bainbridge, the latter being disqualified.… Swinson v. Town of Mount Olive Page 509 This is an action to restrain the defendant, the town of Mount Olive, from issuing $6,000 in bonds "to build and own a town hall and market house," without a vote of the people.… For personal injuries sustained at Port Tampa City, Florida, Mrs. Tuten brought suit in the city court of Savannah, alleging in her- petition that the common law prevails in Florida with respect to torts of this character.… Hart v. State Page 511 No error of law is assigned; the evidence authorized the conviction of the defendant, and the trial judge did not err in overruling the motion for new trial, based solely upon the general grounds; for the reason that these grounds are insufficient to raise any question as to the admissibility of the evidence adduced… Soell v. State Page 514 The plaintiff in error, having been convicted, made a motion for new trial.… Medlock v. Wood Page 516 The defendant in error brought suit upon two joint notes, against C.… Fleming v. Satterfield Page 518 1. “Tlie rule is well settled that where the parties have reduced to writing what appears to be a complete and certain agreement, importing a legal obligation, it will, in the absence of fraud, accident, or mistake, be conclusively presumed that the writing contains the whole of the agreement between the parties; and… Orr v. Hardin Page 518 1. The act of December 17, 1901 (Acts 1901, p.… McArthur v. . Griffith Page 519 This action was brought to foreclose a mortgage given by J.… State v. . Cline Page 522 This is an indictment for perjury, the bill being in the following words: "The jurors for the State, upon their oath, present: That B.… Stewart v. . Lowdermilk Page 523 The defendants claim under color of title and seven years’ possession.… Moose v. . Crowell Page 524 Action on a bond alleged to have been executed by defendant's intestate.… Forrester v. Southern Railway Co. Page 524 This action is to recover damages growing out of a shipment of dried apples from Wilkesboro, N.C.… The court submitted these issues: 1. Was the plaintiff injured by the negligence of the defendant, as alleged in the complaint?… J. E. Mattocks and T. B. Lewis, trading under the name of plaintiff, sued for recovery of damages for breach of contract, alleging that defendant had entered into a contract in writing, made a part of the complaint, whereby he authorized them to sell, and, upon finding a purchaser, agreed to make title to a tract of… Strickland v. State Page 529 There was sufficient evidence to support the verdict; no errors of law are complained of; and the judgment refusing a new trial is ■ Affirmed.… Savannah Electric Co. v. Bennett Page 529 1. On the trial of a suit for damages on account of personal injuries alleged to have resulted from certain acts of negligence chargeable to the defendant and fully set forth in the original petition, the judge charged the jury: “If you find that the car was stopped for the purpose, of enabling the plaintiff to… Wilson v. Wilson Page 530 (After stating the facts.) 1. Among other grounds of the motion for a new trial was one" containing an assignment of error upon the following charge of the court: “All of the documentary evidence in the case is submitted for the consideration of the jury in order that you may determine the question of good faith, the… Abercrombie v. Norris & Little Page 532 (After stating the facts.) 1. The verdict was authorized by the evidence.… Spalding County v. Chamberlin & Co. Page 533 (After stating the facts.) 1. The plaintiffs allege that' they were employed by the county, through its commissioners, to prepare the plans and specifications for and to superintend the -erection of a court-house building, and a proper construction of the resolutions of the board is that they were so employed.… Sizemore v. Willis Page 536 (After stating the facts.) 1. When the plaintiffs showed that their father, G.… Ramsey v. Pilcher Page 538 R. E. Ramsey instituted suit against Thomas W.… Curtis v. Southern Railway Co. Page 539 In a suit against a railroad company for damages resulting from the death of her husband, caused by the alleged negligence of the agents and servants of the defendant in operating its cars and other machinery, the court dismissed the plaintiff’s petition, upon demurrer; and error is assigned upon the ruling.… McNelis v. State Page 540 This case arose in the city court of Richmond county.… Berry v. Parker Page 541 An equitable petition for receiver, injunction, and other equitable relief was filed.… (After stating the facts.) 1. Several grounds of the motion for a new trial in this case embraced lengthy extracts from the court’s charge, which contained a statement of the respective contentions of the plaintiff and the defendant; and the exceptions taken in the grounds of the motion referred to are that those… Merchants & Farmers Bank v. Johnston Page 543 (After stating the facts.) 1. An agent acting in behalf of a principal, in the latter’s presence and at his instance, is for the time being the alter ego of the principal, and the agent’s act is in law the act of the principal himself.… Prior v. Prior Page 546 An equitable petition to require several parties to interplead who asserted claims to a fund arising under a benefit certificate upon the life of a person deceased was filed, and on the answers of the different claimants a trial was had and a verdict rendered in favor of some of them.… Bennett v. Ware Page 546 The plaintiff in error was arrested on a warrant sworn out by the defendant in error, charging him with practicing medicine.… Crockett & Co. v. Garrard & Co. Page 552 (After stating the foregoing facts.) 1. We have an express provision in this State that, “If there are several pleas filed by the defendant, a verdict for the defendant must show upon which of the pleas the verdict is rendered.” Civil Code, §5330.… Walker, Evans Cogswell v. Ayer Page 557 May 12, 1908. The opinion of the Court was delivered by On 23d September, 1903, Walker, Evans Cogswell Company made a written contract with *Page 294 Hartwell M.… State v. Foster Page 564 The counsel for appellant have moved to suspend the appeal with leave to move in the Circuit Court for a new trial, on the ground that one of the jurors, Jesse Mahaffey, was not indifferent, but, on the contrary, had determined to convict the defendant before the trial commenced.… Barkley v. South Atlantic Waste Co. Page 565 At the conclusion of plaintiff's evidence the defendant moved to non suit, which motion was allowed, and plaintiff appealed.… State v. . Stitt Page 566 The State offered evidence tending to prove that defendant and (644) deceased were "plying" and "projecking" together, when defendant took down a gun and pointed it at deceased, when the gun was fired, killing deceased; that when the defendant took down the gun his sister told him to quit playing with the gun, and… State v. . Limerick Page 568 Before the jury were selected, the solicitor of the State announced that he would not ask for a conviction of murder in the first degree, but would insist on a conviction of murder in the second degree or manslaughter.… On 4 March, 1895, the Bank of Wilkesboro recovered judgment against the Wilkesboro Hotel Company, principal, and S.… Weld v. LaMarguerite Shop Co. Page 573 This action was brought to recover the price of goods sold and delivered by the plaintiff to the defendant.… Call v. . Robinett Page 578 Action for trespass. Plaintiff claims under entry dated 6 February, 1901, "640 acres on the waters of Elk Creek, adjoining the lands of Joel Triplett, A.… The defendant Frank W. Boyd appealed. After stating the facts: 1.… Action upon a certificate of insurance for $500.… Currie v. . Gilchrist Page 581 This is an action brought to recover the possession of land.… State v. . Leeper Page 585 CONNOR, J., dissenting arguendo; WALKER, J., concurs in the dissenting opinion.… Littleton v. Green Page 593 Where one purchases a tract of land and the boundaries are-pointed out to him by the seller and a warranty deed is executed, intended to convey the land so pointed out, but which in fact describes only a part of the land, and afterwards 'the purchaser is sued in ejectment by the holder of an outstanding title and… Watts v. Watts Page 593 Mrs. Elizabeth Watts, a resident of Paulding county, filed her suit for divorce in the superior court of Paulding county against her husband, W.… James v. Ray Page 594 A local act authorized the establishment of a dispensary in the Town of Blakely for the sale of ardent spirits; etc., and provided, in section 11, that the proceeds arising from sales should be applied to the pajunent of such liabilities as should be incurred in the operation of the dispensary, and that, after… Gable v. Gable Page 595 .(After stating the facts.) 1, 2. The grant or refusal of a continuance is a matter as to which the presiding judge must exercise a sound discretion; and his decision will not be reversed, unless such discretion has been abused.… Stewart v. Ellis Page 597 (After stating the facts.) 1. The controversy was between one who held a bond for title from a deceased person, and the widow and children of the latter, who claimed the- land involved, as having been set apart to them as a year’s support.… Lines v. Mayor of Savannah Page 598 The legal principles controlling this case are fully enunciated and discussed in City Council of Augusta v. Clark, 124 Ga.… Cottrell v. Town of Lenoir Page 599 From a judgment for defendant plaintiff appealed.… Willis v. Akin Page 599 Under the pleadings and evidence in this case, there was no-error in refusing to grant an interlocutory injunction.… Hardage v. Dawson Page 599 No ruling of the judge in the trial of the case was complained of.… Jones v. City Council Page 599 Where suit was brought against a municipal corporation for damages alleged to have arisen from an unlawful stoppage of the plaintiff’s business, and where the evidence introduced by him (none being introduced by the defendant) failed to show any forcible stoppage of his business as alleged, of that he had presented… City of Asheville v. Weaver Page 600 This is a proceeding to condemn certain lands, known as the “Dillingham Speculation Lands,” as a watershed, and for erecting reservoirs and dams, laying pipes; putting up buildings and doing all other things necessary for the operation of waterworks by the city of Asheville, including the safeguarding of the purity of… Brooks v. . Shook Page 601 Ejectment, the crucial question being the location of a certain corner.… Britt v. Carolina Northern Railroad Page 601 Defendant appealed. This case was here on a former appeal (144 N.C.… Harris v. Dudley Lumber Co. Page 604 On 1 February, 1892, R. A. Harris executed to E.… McLeod v. Board of Commissioners Page 605 1. The plaintiff is a citizen and a taxpayer of the town of Carthage and resides within the boundaries of the school district hereinafter described.… State Ex Rel. Burke v. Jenkins Page 608 Upon the pleadings the Judge rendered judgment in favor of the relator, restoring him to office, giving judgment that he recover his fees, ordering a reference to ascertain the amount, and ousting the defendants.… Defendants appealed. This is a mandamus to compel the town commissioners of Bessemer to reinstate the relator in the office of town treasurer, from which he had been removed by them, and to approve the bond tendered by him.… Sykes v. . Insurance Co. Page 610 Plaintiff alleges that the statements made by the defendant, (16) through its officers and agents, as above set out, were false, fraudulent and wickedly designed to deceive and calculated to deceive plaintiff, and that they did in fact deceive plaintiff; and that the said defendant has knowingly reaped the reward of… Burns v. . Tomlinson Page 614 The plaintiff seeks to recover $1,920 paid by him to Robert Moore Co., of New York, "on 100 bales of cotton, October delivery, bought and sold for account of plaintiff." The following is Moore Co.'s statement, rendered 25 September, 1905: April 27, sold 100 Bspc............................… Austin v. . Insurance Co. Page 614 For digest, see Sykes v. Insurance Company, next above Defendant appealed.… Burns v. . Tomlinson Page 615 This is an action to recover a loss of $1,264.05 upon a contract made by the defendant 16 February, 1905, to deliver to the plaintiff during October, 1905, 100 bales of cotton at 7 1/2 cents.… Long v. . Warlick Page 617 At the conclusion of the evidence the defendant (33) moved to nonsuit plaintiff, upon the ground that there was no evidence that the defendant was guilty of negligence.… Bradburn v. . Roberts Page 617 The plaintiffs allege in their complaint that they executed a deed, absolute in form, for the land in controversy to the defendant, Garrison Roberts, upon the agreement then made by him that he would pay a *Page 160 debt of $600 due by them to the British-American Mortgage Company and secured by a deed of trust upon… Hildebrand v. . Vanderbilt Page 620 The plaintiff sued to recover the value of certain brick furnished by him to the defendant Hugill, a contractor, who used them in constructing certain buildings for the defendant Vanderbilt.… Morrow v. . R. R. Page 621 CLARK, C.J., dissenting, arguendo. *Page 461 The plaintiff alleged and introduced evidence to prove that he was walking along and near the track of the defendant company in the town of Highland, just below and east of Hickory, when he was struck and badly injured by an engine pulling a train of the defendant, which… Younce v. Broad Road Lumber Co. Page 624 The court overruled the demurrer, holding that the same was frivolous, and for that reason declined to allow defendant to answer same.… The plaintiff sued defendant companies for damages sustained by a collision had between the engine of the railway company and the car of the Charlotte Electric Railway and Power Company at a point in the city of Charlotte at the intersection of North Brevard Street, alleging negligence in several respects.… Stroud v. . Insurance Co. Page 626 The plaintiffs, Peter Stroud and his wife, Margaret, each sued defendant company for $100, money alleged to have been obtained from them by false and fraudulent representations in reference to insurance policies issued to plaintiffs.… Rogers v. . Sluder Page 627 Defendants excepted and appealed. The plaintiff filed his petition alleging ownership (44) of a tract of land within a given boundary, fully and properly set out; and, defendants having answered, the cause was transferred to the civil issue docket of the Superior Court of Buncombe County, and at September Term, 1906… Chamberlain v. . Trogden Page 628 The subscription was made and note was given by defendant on 5 June, 1905.… State v. . Stevens Page 629 The defendant entered a plea of guilty on 18 February and was then sentenced to "be imprisoned in the jail of Buncombe County for the term of six months and be assigned to the commissioners of said county for such term, to be worked on the public roads, pay all costs, and be discharged according to law." On 20… State v. . Ownby Page 630 From judgment defendant appealed. The facts sufficiently appear in the opinion of the Court.… Smith v. Holmes Bros. Page 631 It is settled by a number of decisions of this Court, that upon a motion to set aside a judgment for excusable mistake or neglect, the judge should find the facts.… Jackson v. . Baird Page 632 At the conclusion of the plaintiff's evidence the defendants moved to nonsuit, which motion was allowed.… Cozad v. . McAden Page 633 Plaintiffs appealed. This is an action to remove a cloud upon title.… Battle v. . Lewis Page 634 1. That Maria T. Haywood, late of said county, died in said county during the month of December, 1906, leaving a last will and testament, of which the plaintiff was duly appointed executor, and duly qualified as such about 1 January, 1907.… Hollowell v. . Borden Page 638 The facts are stated in the opinion of the Court.… Church v. . Dula Page 639 Issues were submitted as follows: 1. "Is the plaintiff the owner of the lands described as lots (263) Nos. 37 and 38, mentioned in the complaint?" Answer: "Yes." 2.… Wrenn v. . Morgan Page 641 CONNOR, J., dissenting. Defendants, admitting the execution of the note, set up by way of counterclaim a demand for damages for false and (102) fraudulent representations of the plaintiff as to the amount of the company's indebtedness at the time of the trade, and for breach of warranty as to such indebtedness.… Commissioners v. . MacDonald Page 643 BROWN, J., concurring arguendo. CONNOR, J., dissenting; HOKE, J., concurring in dissenting opinion.… W. B. Mershon & Co. v. Morris Page 647 1. That the Fry-Walker Lumber Company is a corporation duly chartered by the state of North Carolina prior to the dates mentioned herein, and that Robert E.… Victor v. . Mills Page 648 * BROWN, J., did not sit upon the hearing of this case.… The decision of this appeal is governed by what we have said in Mershorís case.… Woods v. . Telegraph Co. Page 653 CLARK, C. J., concurring arguendo. (3) "KNOXVILLE, TENN., Oct.… Victor v. Chadwick Manufacturing Co. Page 653 The only difference between this case and the other one, between the present plaintiff and the Louise Mills, is that the insured assignor is at this time the president of the corporation.… Dermid v. . R. R. Page 657 CLARK, C. J., dissenting arguendo; HOKE, J., concurring in the dissenting opinion.… State v. Lee Page 657 The Court en banc was composed of the Chief Justice, the three Associate Justices and the following Circuit Judges: Aldrich, Watts, Gary, Hydrick, Klugh, Memminger and DeVore.… Beach v. Southern Railway Co. Page 664 The intestates of the plaintiff were run over and killed at the same time by a passenger train while they were walking on the track of the defendant, at a point about 300 yards west of the depot at Morganton.… Beach v. Southern Railway Co. Page 669 This case is in all essential respects like that of the case having the same title decided at this term.… The facts are stated as follows: 1. That heretofore the plaintiffs, by a resolution duly and legally adopted, decided that it was necessary and for the good of the town of Hendersonville that certain sidewalks of said town be rebuilt and repaired and laid in cement, and that, in order to secure the money to defray the… Black v. Atlantic Home Insurance Page 672 after stating the facts: The principal question presented is whether parol evidence is admissible to show a waiver of the condition avoiding the policy by reason of taking the additional insurance 4 January, 1906.… Black v. . Insurance Co. Page 675 For digest, see Black v. Ins. Co., ante, 169.… Smith v. . R. R. Page 675 There was evidence on the part of plaintiff tending to show that in January, 1906, the intestate, engaged in his employment as one of a switching crew, was run over and fatally injured on the yard of defendant company, from which injury he soon thereafter died.… Featherston v. . Merrimon Page 675 On 25 November, 1892, an action was brought by John W.… Dunn v. Œttinger Bros. Page 679 The facts disclosed by the pleadings and evidence are: Plaintiff, C.… R. R. v. . R. R. Page 683 The South and Western Railroad Company filed its answer denying the allegations of the petition and setting up the fact that it had, prior to the institution of this proceeding, located its line on the land sought to be condemned and purchased same, and that the land was necessary for the exercise of its franchise and… For the purpose of disposing of the question (222) which confronts us at the threshold of this controversy, the following facts found by his Honor are sufficient: The defendant board of commissioners, in whom is vested by law the power and duty of assessing and levying county taxes, at its meeting in June, 1907… R. R. v. . Commissioners Page 700 Defendant appealed. This action is in many essential respects similar to the case of the same plaintiff against the Commissioners of Mecklenburg County.… Shahan v. Myers Page 702 1. A judgment valid in other respects will not be set aside as void because it adjudges that the plaintiff recover, in addition to the principal sum and interest, a named amount as attorney’s fees, whether or not the recovery of attorney’s fees was unauthorized under the pleadings in the case.… Matheney, Beasley & Koon v. Godin Page 703 In the bill of exceptions error is assigned upon the judgment of the court below in sustaining a general demurrer to the plaintiffs’ petition.… Consaul v. Rawlins Page 704 Tlie plaintiffs brought suit to recover for services rendered by their intestate as an attorney at law, in the prosecution of a case in the Court of Claims of the United States, and relied for a recovery entirely upon a quantum meruit, all that part of the petition which counted upon the terms of a written contract… Harp v. Fireman's Fund Insurance Page 704 The plaintiff brought suit against the defendant company for the full amount of a policy of fire insurance, issued by the defendant on a stock of merchandise destroyed by fire, and for 25 per cent, additional as damages and attorney’s fees.… Rea v. City of LaFayette Page 707 Under and by virtue of a resolution of the mayor and city council of LaFayette and a notice published in pursuance thereof, an election was held in that city, the purpose of which, as declared in the resolution and notice, was, “to determine the question whether said city will issue bonds in the aggregate sum of forty… Dumas v. Barron Page 710 (After stating the foregoing facts.) 1. The paper executed by Edmund Dumas to J.… Under tlie facts disclosed by the record and which.are summarized in the official report, there was no abuse of discretion in refusing to continue the hearing of the motion for new trial on account of the illness of movant’s counsel, nor upon the ground that counsel had not had sufficient notice of the time and place… Savannah Electric Co. v. McCants Page 713 (After stating the facts.) 1. While we do not agree with the learned judge who tried this ease in the court below, in all of the reasoning by which he reached the conclusion that the general demurrer to the plaintiff’s petition should be overruled, we fully agree with him in the conclusion reached.… Hewitt v. Lamb Page 716 (After stating the facts.) 1. While the evidence in this case was conflicting as to whether Hewitt, through the services of the detective agency whose assistance he is alleged to have procured, or Hall, through his own efforts and with the assistance of others- whose services he secured, caused the arrest and… Edgar S. Wright brought suit for damages against the Georgia Southern & Florida Railway Company, on account of an injury resulting in the loss of his left arm.… Ryals v. State Page 720 No complaint was made of the rulings of the presiding judge pending the trial; the verdict was supported by the evidence; and there was no error in overruling the motion for a new trial.… Denham v. Addison Page 720 No error of law being complained of, and the evidence, though conflicting, being sufficient to warrant the verdict, there was no abuse of discretion in refusing to grant a new trial.… Enns v. Heibert Page 721 The contentions of the parties were fairly submitted in the charge; the excerpts therefrom, criticised as being unauthorized by the evidence, as argumentative, and as intimating an opinion, were not open to the attacks made against them, and the evidence warranted the verdict.… McWilliams v. Neal Page 721 (After' stating'the facts.) Under the views which we entertain upon the controlling question in this case, it is unnecessary for us to decide whether the office from which the respondent in the quo warranto proceedings was ousted was a State or county office.… Singleton v. Close Page 722 Mrs. W. R. Singleton agreed to sell to N.… Elmore & Womble v. Thaggard Page 726 These two cases were tried together in the court below, and argued together in this court.… Neel v. Powell Page 729 (After stating the foregoing facts.) 1. Besides the general grounds that the verdict was contrary to law and the evidence, the motion for a new trial contained thirteen grounds complaining of rulings of the court.… McHan v. Malsby & Co. Page 731 1. In .a trover suit by the sellers, to recover personalty from a person other than the buyer, after maturity and non-payment of notes of the buyer for the purchase-money' thereof, which provided that the title to the property sold should remain in the sellers until such notes were paid, it was- not error to exclude… (After stating the facts.) In our opinion, the rights of the plaintiff in this case are not to be determined by the alleged trust provisions upon which it relies, contained in the written contract which it made with Alexander & Alexander, set forth by the petition: We think that the petition shows that in the dealings… Stephenson v. James Page 735 The pleadings and evidence in this case were of such character as to show no abuse of discretion in refusing to grant an injunction.… Starr v. Southern Railway Co. Page 735 Starr sped the Southern Railway Company for an injury which occurred in the State of Alabama.… Thornton v. State Page 736 No error of law appears, and the verdict is fully warranted by the evidence.… The facts of this ease are identical with those in Nix v. Southern Railway Company, ante, 331 (61 S.… Kitchens v. State Page 736 The plaintiff in error filed a .hill of exceptions assigning error on the dismissal of his motion for new trial.… Askew v. State Page 737 1. Where the accused is charged with a violation of section 444 of the Penal Code, the intoxicating character of the liquor furnished to the minor, although called “grape juice” by the accused, is sufficiently shown by the testimony of the minor, that “he drank two quarts of the stuff, and it made him drunk.” 2.… Dobbins v. Shy Page 737 Shy brought suit on a promissory note, against Dobbins, in the city court of Athens.… Smith v. State Page 737 The defendant offered evidence of.an alibi.… Smith v. State Page 737 dissenting. I can not concur in the decision of the majority of the court, because I think the plaintiff in error is entitled to a new trial upon more.than one error pointed out by the exceptions.… Tate v. . Johnson Page 741 Plaintiffs sue for trespass upon certain lands, a description of which is fully set forth in the record.… Sanford v. State Page 741 The plaintiff in error was convicted of receiving-stolen goods; the property alleged to have been stolen being certain cutlery, taken from the Southern Bailway Company.… Murray v. State Page 741 In a prosecution for receiving stolen goods, proof of guilty knowledge on the part of the defendant in receiving the goods is an essential to a lawful conviction.… Tate v. Johnson Page 741 Plaintiffs sue for trespass upon certain lands, a description of which is fully set forth in the record.… delivered the opinion of the court. *334The declaration in this case, after first setting forth that the defendant is an electric light company located in the city of Lynchburg and engaged in the business of supplying electricity to the citizens of that city for lighting purposes, alleges: (1) That the defendant… Southern Railway Co. v. Moore Page 747 delivered the opinion of the court. This action was brought by Edward Moore to recover damages of the Southern Railway Company for its alleged negligence in causing him serious injury.… Southern Railway Co. v. Daves Page 748 delivered the opinion of the court. On the 19th of February, 1906, an engineer and fireman of the defendant railway company left Lawrenceville, on the main line of the company’s road, with an engine and caboose, for Jeffress, on the same line, to get a train of cars standing at the latter point.… delivered the opinion of the court. Sarah S.… Ashlock v. Commonwealth Page 752 delivered the opinion of the court. The first error assigned is to the action of the court in continuing the case at the June term, 1907, of the court.… delivered the opinion of the court. The plaintiff in error, who was the plaintiff in the court below, instituted his action in the Circuit Court for Eansemond county to recover damages for a personal injury alleged *372to have been, done him in that county by the negligence of the defendant, a foreign corporation… Stuart v. Hoffman & Co. Page 757 delivered the opinion of the court. The original hill in this case was filed by certain supply lien creditors of the William R.… American Locomotive Co. v. Hoffman Page 759 delivered the opinion of the court. This is the second time this case has been in this court.… Richlands Oil Co. v. Morriss Page 762 delivered the opinion of the court. The facts necessary to an understanding of this controversy are as follows: '> Dabney and Webb had obtained leases upon certain lands in Kentucky, which gave them the privilege of prospecting for oil and gas.… delivered the opinion, of the court. This action was brought by defendant in error to recover damages of the plaintiff in error, the defendant in the court below, for personal injuries alleged to have been inflicted upon the plaintiff by reason of the negligence of the defendant.… Creecy v. Grief Page 769 delivered the opinion of the court. *321This is a suit in equity brought by the appellants for specific performance of an alleged contract for the sale of real estate, the property of the appellee, Max Grief.… Colonna Dry Dock Co. v. Colonna Page 770 delivered the opinion of the court. On the 29th day of December, 1904, Jay O.… Lambert v. City of Norfolk Page 776 delivered the opinion of the court. This action was brought against the city of Norfolk to recover damages which the plaintiff alleges she had sustained in consequence of the city having established a cemetery adjacent to her lands.… (after making the foregoing statement), delivered the opinion of the court.… Bellenot v. City of Richmond Page 785 delivered the opinion of the court. By an act of assembly, approved February 25, 1892, the city of Richmond was given the right to sue in ejectment to recover possession of land claimed by the city as a public highway.… City of Richmond v. Pemberton Page 787 delivered the opinion of the court. Defendant in error, plaintiff below, Mrs. Willie C.… delivered the opinion of the court. This action was brought to recover damages for personal injuries to the plaintiff alleged to have been sustained by reason of the negligence of the defendant company.… Runde v. Commonwealth Page 792 delivered the opinion of the court. At the May term, 1907, of the Circuit Court of Lancaster county, the plaintiff in error, H.… Briggs & Cobb v. Barnett Page 797 delivered the opinion of the court. This is a suit for contribution instituted by Charles M.… Prince's Administrator v. McLemore Page 802 delivered the opinion of the court. David Prince executed a deed of trust on two tracts of land then owned by him, containing 641 and 400 acres, respectively, dated February 23, 1883, to secure a bond to Mrs. Caroline K.… Keenan v. Scott Page 806 From a decree dismissing bis bill plaintiff has appealed.… F. U. Knicely, injured' while unloading lumber from a car of the West Virginia Midland Railroad Company on its tracks, by the jarring or removal thereof without notice, recovered a judgment against said company for damages, resulting from the injury, amounting to $3,250.00, to which a writ of error was allowed.… Charleston Lumber Co. v. Friedman Page 815 Jacob Friedman owned a lot on the west side of Capitol street, in the city of Charleston, and upon it, under sealed contract with A.… Riedel v. Wheeling Traction Co. Page 821 The circuit court of Marshall county set aside a verdict for $15,000.00 in favor of Louisa Riedel, against the Wheeling Traction Company, for damages "resulting from injuries sustained by her on a street crossing in the city of Benwood, by the alleged negligence of the company, in the operation of one of its electric… Southern Railway Co. v. Strickland Page 826 From the pncontradicted evidence, it appeared that the plaintiff was a passenger on the defendant’s train, and that when about a mile from Winston, a regular "station and the place of the plaintiff’s destination, the porter came in the car where the *780plaintiff was seated and called out, “Winston!… Reynolds Banking Co. v. Neisler Page 828 On the trial of an action of trover the evidence, taken most favorably for the plaintiff, showed that the plaintiff deposited cotton with a warehouseman and obtained receipts for the same.… Shaddix v. Watson Page 828 (After stating the facts.) The suit is brought jointly by Mrs. Watson as executrix of J.… The plaintiff brought suit on a health-indemnity' policy of insurance, and obtained a verdict.… Small v. Lee & Bros. Page 831 Lee & Brothers built a house for Mrs. Small for a contract price of $1,801.10.… Realty Co. v. Ellis Page 832 To state the case without going into any great particularization: Ellis was an architect.… The Piedmont Wagon Company brought suit on an open account against Hudgens & McIntosh, a partnership.… French v. State Page 836 Under the Penal Code, § 669, “Any person who shall, in the sale or disposing of any property, either real or personal, defraud another by falsely representing that such property is not subject to any lien,' knowing the same to be subject thereto, .… Holsey v. State Page 836 The defendant, who did odd jobs around a livery stable, drove one of the horses on a certain Sunday without the consent of the proprietor.… Hutchings v. State Page 837 This case has been to this court before, and may be found reported in 3 Ga.… Jordan v. State Page 838 The evidence against the defendant is meagre, but not so wholly deficient as to warrant this court in interfering with the verdict, on that ground.… Powers brought suit in a justice’s court on the following written guaranty: “Mr. Henry Powers, Rome, Ga.… In an action against a railway company for negligently communicating fire through sparks from a passing engine to adjacent property, the defendant admitted that the fire was communicated by the engine named, but offered proof that the engine was equipped with a first-class standard spark-arrester; also the’ testimony… Avery v. State Page 839 1. The judges of the superior courts have jurisdiction to hear and determine certioraries in criminal cases, as in civil cases, in vacation, and in a county other than that wherein the plaintiff in certiorari was tried and convicted.… Kennedy v. Rumble Page 839 Where a case is submitted to the decision of the trial judge on the law and the facts, and the bill of exceptions sets out the evidence and the judgment, and assigns error as follows: “To which ruling and order the plaintiff excepted, now excepts, and assigns the same as error,” the assignment of error, according to… Allen v. State Page 840 The defendant was convicted of manufacturing intoxicating liquor in violation of the general prohibition law of this State, approved August 6, 1907.… National Bank v. Pritchard Page 841 1. A garnishment in justice’s court follows the attachment under which it issues, and the garnishee is required to appear and answer at the term to which the attachment is returnable.… Strickland v. State Page 841 1. The only question raised by the motion for new trial (except the general grounds) is that “the court erred in failing to charge the jury on the law of impeachment, after the same had been requested by the defendant, though not in writing.”' Nothing is better settled than that it is not error for the court, in the… McNelis v. State Page 842 This case was submitted to the Court of Appeals, and the assignments of error being based on constitutional grounds, all the questions made in the record were certified to the Supreme Court for decision.… Davis v. State Page 843 Ed Davis was convicted in the city court of Asbburn of an assault and battery.… Atlanta Baggage & Cab Co. v. Mizo Page 844 The Atlanta Baggage and Cab Company is a corporation engaged in the business of hauling, for hire, trunks and other baggage for the traveling public, to and from the trains of the railroad companies entering the city of Atlanta.… Croy v. State Page 847 To constitute tlie offense of riot, tliere must be two or more persons acting jointly and in execution of a common intent, in the commission of an unlawful act of violence, or of some other act in a violent and tumultuous manner.… 1. The Bainbridge State Bank brought three suits in the city-court of Bainbridge, against E.… Croy v. State Page 848 An officer was attempting to arrest certain kinsmen of the defendant.… Summerlin v. State Page 849 Joe Summerlin was convicted’ of the murder of Leon Mancil and recommended to lifé imprisonment.… Crossley v. Leslie Page 851 (After stating the foregoing facts.) 1-4.… Banks & Brother v. Hooten Page 854 Where, in a suit to recover hack $300 paid ,on the purchase-price of certain land, the evidence disclosed, that the contract for the sale of the land provided that such payment would be refunded to the vendee (the plaintiff), in the event the vendor should fail, by December 1st following, to make or cause to be made… Trigg v. Western Union Telegraph Co. Page 855 The plaintiff in error brought suit to recover damages, against the Western Union Telegraph Company.… 1. This was a suit to recover $200, the price of goods sold under a written contract.… The plaintiffs in error were the plaintiffs in a certiorari.… The National Bank of Tifton, in a suit against T.… McArthor v. Ogletree Page 859 (After stating the foregoing facts.) Section 5234 of the Civil Code, which provides, “Where a defendant may have a remedy over against another, and vouches him into court, by giving notice of the pendency of the suit, the judgment rendered therein will be conclusive upon the party vouched, as to the amount and right… Glover v. State Page 862 1. The general prohibition law of 1907 (Acts of 1907, p.… Jackson v. State Page 862 1. The solicitor of a city court may amend an accusation in that court at any time before the defendant therein has pleaded to the merits, provided the affidavit of the prosecutor will legally support the accusation as amended, unless such amendment is forbidden by the act creating the court.… Ragan v. Coley & Brother Page 862 (After stating the facts.) 1, 2. The amendments to the original proceedings for the foreGosure of the mortgage made by Boone, agent, were properly allowed by the court.… Hennings v. Parsons Page 866 delivered the opinion of the court. This is a motion, under the statute, by the plaintiff, W.… City of Norfolk v. Perry Co. Page 867 delivered the opinion of the court. In the year 1792, the appellant, then the borough of Norfolk, was the owner of an area of land within the limits of the present city of Norfolk.… City of Norfolk v. White Page 870 delivered the opinion of the court. This case was heard with the case of City of Norfolk v. J.… delivered the opinion of the court. The German National Insurance Company, a foreign corporation, desiring to conduct its fire insurance business in this State, established, in April, 1906, an agency at Richmond, Va.… The coal from defendant’s mine number 117 at Orlen Ferris in Fayette county is brought out on cars of two tons capacity, drawn by mules, over tracks distributed through the mine and extending out over a horizontal plane, whence the cars are let down in pairs over parallel tracks built upon an incliné to a tipple at… State v. Yoe Page 880 June 27, 1908. The opinion of the Court was delivered by The defendants, W.S.… The action is by a ship-hand against the owners, for injuries received while loading freight.… Patterson v. State Page 881 The evidence is not insufficient to support the verdict.… Ford v. Harris Page 881 Mrs. Harris sued Ford for certain personal property, chiefly household goods, formerly belonging to Mrs. Holmes, who was the mother of the plaintiff and the grandmother of the defendant.… Macon Railway & Light Co. v. Carger Page 882 This is a suit against the Macon Railway and Light Company for damages on account of personal injuries, alleged to have been caused by the negligence of a motorman of the street-car company in unnecessarily ringing the bell and not stopping the ear when he saw that the mules which the plaintiff was driving to a wagon… (After stating the facts as above.) 1. The admitted facts in this ease prove that there was no breach of its public duty by the water company in cutting off the water from the plaintiff’s residence.… Crawford v. State Page 886 The defendant was accused and convicted of stabbing Sewell Holmes.… 1. In considering, on demurrer, the petition in an action upon several written contracts, the court will look to the writings alone to determine their meaning and legal effect, where they are unambiguous, and will disregard conclusions of the pleader contrary to the true construction.… Pughsley v. State Page 886 The defendant was charged, under §431 of the Penal Code, with selling liquor without a license in Emanuel county.… Bennett v. Ralf Page 887 1. Where the bill of exceptions recites that it was tendered within the time prescribed by the Civil Code, §5539, the writ of error will not he dismissed because the presiding judge failed to certify tlie same within the statutory period, unless it be made to appear that his failure to so certify was caused by some… Bates v. State Page 888 Sam Bates was indicted in the superior court of Jasper county for the crime of murder.… State v. Arnold Page 891 The opinion of the Court was delivered by The defendant!… Plunkett v. Piedmont Mutual Ins. Page 893 June 29, 1908. The opinion of the Court was delivered by Plaintiff commenced his action against the defendant on the 20th day of October, 1906, to recover the sum of three hundred dollars, because of the destruction by fire of his one-story shingle roof house, wherein he kept a general stock of merchandise, all of… State v. Washington Page 896 June 27, 1908. The opinion of the Court was delivered by The defendant was convicted, under an indictment in which it was charged "that this defendant did wilfully, unlawfully and maliciously obstruct a certain neighborhood road, said road running from the public highway leading from Hodges, South Carolina, to Smith's… State v. Nelson Page 897 June 27, 1908. The opinion of the Court was delivered by At the January term of the Court of General Sessions for Laurens county, the defendant was convicted of manslaughter and sentenced.… State v. Means Page 898 June 29, 1908. The opinion of the Court was delivered by The defendant was indicted for the murder of Anna Belle Russel; upon his trial, the jury rendered a verdict of guilty, and he was sentenced to be hanged; whereupon he appealed to this Court.… McLean v. Atlantic Coast Line R. R. Page 900 After careful consideration of the within petition, the Court is satisfied that no material matter of law or fact has been overlooked or disregarded.… June 29, 1908. The opinion of the Court was delivered by On the 14th day of September, 1906, W.M.… Kump v. McDonald Page 908 H. G. Kump and James Coberly were competing candidates for nomination for the prosecuting attorneyship of Randolph county at a primary election held by the democratic party, 25th April, 1908, and the certificates of returns sent to the party executive committee from the voting precincts were canvassed by the… Kump v. McDonald Page 909 The executive committee -of the democratic party called a primary election, held on 25th April, 1908, in Randolph county, for nomination of candidates for county offices, at which election H.… Fisher v. Berwind Page 910 A written agreement, dated November 22, 1902, between F.… Southern Railway Co. v. Ward Page 913 1. Where a petition alleges that the plaintiff was damaged by an overflow 'of bottom lands, caused by back water produced by an obstruction placed by defendant in a creek, such allegation is supported by proof that a ditch through such land, crossing such creek 'one or more times and ending in the same, through part… Dolvin v. Lewis Page 913 By an act approved August 33, 1905 (Acts 1905, p.… Smarrs v. State Page 914 (After stating the foregoing facts.) 1. The testimony of J.… Tooke v. State Page 917 The defendant was convicted on an accusation charging: (1) that on the 1st day of February, 1908, he did “sell for a valuable consideration certain spirituous, malt, or intoxicating liquors in the county of Macon, State of Georgia, said county being then and there a county wherein the sale of such liquors was at the… Smith v. City of Washington Page 923 Nick Smith filed a petition for certiorari, in which he alleged that he was broright to trial in the mayor’s court of Washington upon an oral charge, accusing him of violation of a city ordinance, and was illegally convicted.… Jacobs v. State Page 924 The defendant in the court below excepted pendente lite to the overruling of his demurrer to an indictment for cheating and swindling; and having made a motion for new trial after conviction, he also excepts to the judgment overruling this motion.… Jester v. Bainbridge State Bank Page 926 To a suit brought by the Bainbridge State Bank on a promissory note for $2,000, with interest and attorney’s fees thereon, the defendants filed an answer, attempting to set up, by way of recoupment, a claim for $5,000 damages, which they alleged they had sustained by breach of a contract which the plaintiff had made… Jester v. Bainbridge State Bank Page 929 The facts in this case are so intimately related to those in Jester v. Bainbridge State Bank, ante, that they need not be recounted here.… Catzen v. Belcher Page 930 This was an action of trespass on the case for malicious prosecution brought by Aaron Catzen against Isaac Belcher in the circuit court of McDowell county.… Burton v. F. A. Seifert & Co. Page 933 delivered the opinion of the court. This is a writ of error to the judgment of the Circuit Court of the city of Richmond, in an action of debt, and for con*346venience the plaintiffs in error, W.… Kolb v. Booth Page 942 July 10, 1908. The opinion of the Court was delivered by In an action brought by John S.… Brooks v. Jones Page 946 July 7, 1908. The opinion of the Court was delivered by This is an appeal from an order of the Circuit Judge in mandamus proceedings, requiring the Comptroller-General to issue his warrant or warrants on the State Treasurer in favor of the petitioner for the amount therein mentioned, being in full of salary up to 1st… Silcox & Co. v. Jones Page 948 July 10, 1908. The opinion of the Court was delivered by Judge Dantzler, by his decree dated 12th day of February, 1908, adjudged that the twenty-seven tracts of land mortgaged by the defendant to the plaintiff, to secure about eleven thousand dollars in debts, should be sole by the sheriff of Williamsburg county on… LeHardy, Thesmar & Co. v. Dibble Page 950 The opinion of the Court was delivered by The following statement is set out in the record: “This is an action, begun March 14, 1907, by cotton buyers in Savannah, for alleged damages on cotton bought from defendant, on guaranteed weights and grades, by which plaintiffs shipped to Bremen and sold there, the sworn… The opinion of the Court was delivered by This is an action by the plaintiff, wherein an injunction is sought to prevent interference by the town of Fairfax, of Barnwell county, and State of South Carolina, of what is known as Sumter avenue of said town so far as the sixty feet in said avenue is set up, of the grant… Cauthen v. Green & Hines Page 957 July 6, 1908. The opinion of the Court was delivered by This is an appeal from an order overruling a demurrer to the complaint, on the ground that it does not state facts sufficient to constitute a cause of action.… Inman & Co. v. Hodges Page 958 July 7, 1908. The opinion of the Court was delivered by The question involved in this appeal is, whether his Honor, the Circuit Judge, erred in refusing the plaintiff's motion for an order allowing them to discontinue their action.… Gadsden v. Catawba Power Co. Page 960 April 24, 1908. The opinion of the Court was delivered by *Page 245 Isaiah Gadsden, who sued by his guardian ad litem, Peggy Ross, brought this action against the Catawba Power Company, alleging that the defendant was a corporation, duly incorporated under the laws of the State of South Carolina, and was engaged in… State v. Maddox Page 964 The opinion of the Court was delivered by The defendant was convicted and sentenced under an indictment containing two counts.… State v. Hamilton Page 965 July 6, 1908. The opinion of the Court was delivered by At the September term of the Court of General Sessions for Pickers county, 1906, the defendant was indicted under two counts, burglary and larceny.… Mims v. Hair Page 968 July 7, 1908. The opinion of the Court was delivered by This is an action by the plaintiffs, as the children of William Mims, for the recovery of the land described in the complaint.… Munn v. McWhite Page 970 July 8, 1908. The opinion of the Court was delivered by The plaintiffs began their action on the 16th day of January, 1906, and in their complaint allege: that they are the owners and entitled to one hundred and forty-one and one-half acres of land, situate in Florence county, in said State, and bounded on the… Cousar v. Heath, Witherspoon & Co. Page 973 July 8, 1908. The opinion of the court was delivered by *Page 468 This action was commenced on the 7th of December, 1905, to recover a loss of $300, sustained by the plaintiff, John G.… C. E. Rippy & Co. v. Southern Ry. Page 976 July 13, 1908. The opinion of the Court was delivered by C.E.… Jones v. Middle Georgia Cotton Mills Page 977 1. This court will not consider as evidence affidavits and documents specified in a bill of exceptions as material to a clear understanding of the errors complained of, but which are not incorporated in the bill of exceptions or made 'a part thereof, nor incorporated in an approved brief of evidence, but are brought… Hall v. Royal Fraternal Union Page 977 (After stating the foregoing facts). The plaintiffs contended that the beneficiaries of the benefit certificate were entitled, upon the death of the insured, to $2,000.… Shackelford v. Covington Page 984 (After stating the foregoing facts.) 1. The first point for adjudication is, whether the court erred in refusing to permit the plaintiffs to amend their supplemental petition, by striking therefrom all matter making it supplementary and substituting in lieu thereof matter which, if the amendment had been allowed… Coaling Coal & Coke Co. v. Howard Page 987 (After stating the facts.) 1. The first question to be determined in this case is whether or not this is a suit upon the notes, or a suit outside of the notes on the original consideration for the purchase-price of the land.… Eagle & Phenix Mills v. Johnson Page 990 Johnson sued the Eagle & Phenix Mills for damages, on account of persone!… (After stating the facts.) The first contention advanced by the defendant in error as a reason why it is not liable for the tax which the City of Augusta is asserting its right to collect is, that, inasmuch as it is a railroad company engaged exclusively as a common carrier of interstate freight and passengers, it is… Nathan v. State Page 994 (After stating the facts.) The charges on the subject of malice, upon which error was assigned, were given while the court was instructing the jury on that subject and explaining to them the difference between express malice and implied malice.… Bell v. State Page 996 The accused was convicted of murder, and to the overruling of his motion for a new trial he excepted.… Jefferson v. State Page 997 Where an excerpt from a charge of the court is excepted to generally, without indicating any.… The plaintiff in error brought suit in the city court of Atlanta against the Central of Georgia Railway Company for damages arising from the homicide of her son, William Austin.… Wenzel v. City & Elm Grove R. R. Page 1001 This was an action of trespass on the case brought in the circuit cdurt of Ohio county by Philip C.… Guignard v. First Baptist Church Page 1003 July 10, 1908. The opinion of the Court was delivered by This was a civil action, commenced in the Court of Common Pleas by due by due service of summons and complaint herein on all the defendants.… W. C. Beaty & Co. v. Southern Ry Page 1006 July 13, 1908. The opinion of the Court was delivered by This action was commenced on the 28th day of March, 1907, in a magistrate's court for Fairfield county, S.C.… Goldstein v. Southern Ry. Page 1007 July 13, 1908. The opinion of the Court was delivered by This was an action begun in Magistrate R.B.… Hodge v. Trustees of School District Page 1009 July 13, 1908. The opinion of the Court was delivered by This is a petition addressed to the Court, in the exercise of its original jurisdiction, for an order enjoining the defendants from issuing certain bonds, and involves the construction of the three following acts: (1).… Rippy v. Southern Ry. Page 1010 July 13, 1908. The opinion of the Court was delivered by This is an action for damages.… Cannon v. Dean Page 1012 July 14, 1908. The opinion of the Court was delivered by The plaintiff, in her complaint, alleges: that she is the owner and entitled to immediate possession of the following personal property, to wit: two cream-colored mares, weight about one thousand pounds each; two dun-colored blankets and two web halters; that… Kitchens v. Southern Ry. Page 1016 The opinion of the Court was delivered by The complaint in this action sets forth the corporate character of the defendant, then it states that the plaintiff was employed b}>' the defendant as a watchman, at the Broad River Bridge, which at that time *533 was being repaired, the old structure being removed and a new… Shaw v. Arkwright Mills Page 1018 The opinion of the Court was delivered by It seems that Summey Shaw, a young man, twenty-one years of age, being -anxious' to *568learn the business of an operator in a cotton mill, informed the defendant that he had no experience whatever, but came directly from work on the farm in the country and applied for a… May & Glover v. Augusta & Aiken Ry. Co. Page 1019 The opinion of the Court was delivered by The plaintiffs filed a claim against defendant for one dollar damage to a chair broken by defendant in transporting it from Augusta, Ga., to Graniteville, S.… McMeekin v. Central Carolina Power Co. Page 1020 July 13, 1908. The opinion of the Court was delivered by This is an application to the Court, in the exercise of its original jurisdiction, for an order enjoining the defendant from taking the land of the petitioner under condemnation proceedings to the extent of backing water upon it on the completion of the dam… Bolen v. Seaboard Air Line Ry. Page 1024 The opinion of the Court was delivered by This action was commenced in a magistrate’s court.… Town of Lancaster v. First National Bank Page 1025 The purpose of this appeal is to test the validity of certain bonds of the town of Lancaster, the appellant above named, which were contracted to be sold by said appellant to the several respondents above named, the issues herein having been submitted to- the Circuit Court upon an agreed statement of facts by way of… Gibbes MacHinery Co. v. Johnson Page 1027 July 22, 1908. The opinion of the Court was delivered by *Page 11 This is an action for damages, alleged to have been sustained by the plaintiff, as a result of a breach of contract, on the part of the defendant.… Town of Central v. Madden Page 1028 The opinion of the Court was delivered by The defendant was tried before the intendant of the town of Central, S.… Leopard v. Laurens Cotton Mills Page 1029 July 22, 1908. The opinion of the Court was delivered by This is an action for damages alleged to have been sustained by the plaintiff through the negligence of the defendant.… Smith Sons Gin & MacHine Co. v. Badham Page 1031 July 24, 1908. The opinion of the Court was delivered by This is an action on a written instrument, alleged in the complaint to be a promissory note, made to the defendant as payee, and indorsed by him, in blank, to the plaintiff, before maturity.… Mutual Life Insurance v. Chambliss Page 1034 (After stating the facts.) 1, 2. As ruled in the first headnote, the court did not err.in overruling the defendant’s *62demurrer to the petition; and we can not say that the allegation as to bad faith upon the part of the defendant, in the transaction out of which the cause of action arose, was entirely without… Brennan v. Brooks Page 1035 1. In a proceeding before the ordinary to remove obstructions from a private way, under the Political Code, §679, the description of the private way is not required to be set out with that particularity demanded in a proceeding to lay out and establish a private way, but it.… Without regard to the question of the admissibility of evidence raised in the bill of exceptions, there was no abuse of discretion, under the evidence admitted without objection, in refusing to grant an interlocutory injunction to restrain the defendant municipal corporation from preventing the obstruction of the… Ward v. Williams Page 1036 All the assignments of error raise the single question whether the verdict finds support in tlie evidence.… C. C.' Chandler brought three suits against the Mutual Life and Industrial Association of Georgia, each based upon a separate policy of insurance issued by defendant, insuring the *83life of W.… Norman, Timmons & Co. v. Smith Page 1039 (After stating the facts.) 1. The defendant made a motion in this court to dismiss the bill of exceptions, upon several grounds; one of which is that the bill of exceptions failed to specify “the return of the ordinary” *71as a portion of the record.… Credille v. Credille Page 1042 A paper purporting to be tbe -will of Reuben A.… Justice v. Parnin Page 1044 This was a suit in ejectment. The parties claimed under a common grantor, each having a complete chain of record title from the common grantor.… (After stating the facts.) 1. The various averments of the petition have been stated with considerable elaboration, in order to fairly present the point made on demurrer that the transaction to which the message related was a contract for the purchase of “futures,” — a purely wagering contract.… Southern Railway Co. v. Grace Page 1048 According to the allegations of the petition for certiorari, one Grace brought suit against the Southern Eailway Company, to recover damages for the killing of a heifer and two head-of sheep, and for the burning of certain fence, which was sworn to as if it were an ordinary account; and the justice of the peace… The suit was for damages to live-stock shipped under the usual form of signed special contract.… McNeil v. Ellis Page 1050 The plaintiff filed his petition alleging that he sued upon an open account, and that “a sworn itemized bill of particulars” was annexed to the petition.… McConnell v. Folsom Bros. Page 1051 Folsom Brothers procured the sanction of a petition for certiorari, which was duly filed, and the costs were paid and bond was given.… Johnson v. Rycroft Page 1052 The plaintiff in error excepts to the grant of a nonsuit.… Long v. State Page 1053 The defendant, Will Long, was prosecuted for cheating and swindling, under the act of 1903 (Acts 1903, p.… Russell v. Hammock Page 1054 1. This court will not undertake to determine errors dependent upon the evidence, where no bona fide effort is made to prepare a proper brief of the evidence.… Hanie v. Taylor Page 1054 Taylor brought suit against Naomi F. Hanie, as principal, and A.… Heard v. State Page 1055 An accusation of trespass, in which the defendant is charged with passing over the lands of another after being forbidden by the owner, in violation of the Penal Code, § 220, is insufficient to withstand a timely definite special demurrer, where the only description of the lands trespassed upon is “a certain field the… Porterfield v. Thompson Page 1055 Thompson sued Porterfield in the city court of Madison county for $40, the alleged value of forty bushels of “Culpepper improved big-boll cottonseed,” which Thompson alleged Porterfield had taken from the gin-house where they were stored, and converted to his own use.… Hall v. James T. Latimer & Son Page 1057 July 25, 1908. The opinion of the Court was delivered by The plaintiff contends that on the 16th day of October, 1906, he contracted with one Dan Mitchell for his labor on his plantation in working on shares of crop for the year 1907, and that one of the defendants, Ernest L.… Blohme v. Schmancke Page 1060 July 25, 1908. The opinion of the Court was delivered by The plaintiff represents that he and one A.F.C.… July 23, 1908. The opinion of the Court was delivered by This is an action for damages, alleged to have been sustained by the plaintiff while mounted on a wagon, which was being driven along one of the streets in Charleston, through the negligence and recklessness of the defendant, in backing one of its cars against… Crosby v. Seaboard Air Line Ry. Page 1064 July 23, 1908. The opinion of the Court was delivered by This action was brought to recover damages for personal injuries alleged to have been sustained by the plaintiff, Addie Crosby, on July 6, 1904, as a passenger on defendant's train, while alighting from the moving train at Midway, Florida, in obedience to the… McNeill v. Conyers Page 1068 July 16, 1908. The opinion of the Court was delivered by The plaintiff advanced to the defendant $26.25, under an agricultural lien and chattel mortgage, dated 12th March, 1904, providing for the extension of credit by the plaintiff, in these words: "That the party of the first part agrees to make advances of money or… Odom v. Newton Page 1071 July 25, 1908. The opinion of the Court was delivered by The referee filed his report in this case on January 19, 1907, and notice of said filing was served by the attorneys for defendants upon plaintiff's attorney on June 29, 1907.… State v. Rountree Page 1072 June 27, 1908. The opinion of the Court was delivered by The appellants, I.W.… State v. Daniels Page 1073 The opinion of the Court was delivered by The defendant was tried and convicted under an indictment, wherein he was charged with feloniously receiving two cows stolen from Magdalene Great, which he knew had been stolen.… Funderburg v. Augusta & Aiken Ry. Co. Page 1075 July 29, 1908. The opinion of the Court was delivered by We are convinced that there should be a new trial on the ground that there was no evidence tending to show any wilful disregard of duty to plaintiff The plaintiff on November 10, 1907, boarded defendant's train at Langley to go to Warrenville.… Hughes v. Southern Ry. Page 1079 The opinion in this case was filed July 27th, but remittitur held up on petition for rehearing until The opinion of the Court was delivered by The.… Webster v. Atlantic Coast Line Railroad Page 1080 July 23, 1908. The opinion of the Court was delivered by The action of William T.… Mitchell v. Allen Page 1087 The opinion herein was filed July 28, but remittitur held up on petition for rehearing until September 19, 1908.… State v. Porter Page 1087 The opinion of the Court was delivered by The appellant, John Porter, was indicted for the larceny of certain cows alleged to be the property of Magdalene Great.… November 26, 1908. The opinion of the Court was delivered by On the 26th day of October, 1904, the plaintiff began its action.… July 22, 1908. The opinion of the Court was delivered by On June 28, 1902, a riot occurred on defendant's passenger train, running from Augusta, Ga., to Aiken, S.C.… The opinion of the Court was delivered by The plaintiff, as a corporation under the laws of the State of Ohio, sued the defendant, as a corporation under the laws of the State of South Carolina, for the sum of $945.59.… George Norris Co. v. S. H. Levin's Sons Page 1103 The opinion of the Court was delivered by By the terms of a summons served in this case the defendant was required to serve a copy of his answer upon Hunter A.… McCall v. Alexander Page 1106 July 28, 1908. The opinion of the Court was delivered by This is an action for malicious prosecution, and the appeal is from an order sustaining a demurrer to the complaint, on the ground that it does not state facts sufficient to constitute a cause of action, in that it does not allege that the warrant under which… McCutchen v. Atlantic Coast Line R. R. Page 1108 July 25, 1908. The opinion of the court was delivered by *Page 72 This action was begun in a magistrate's court to recover certain statutory penalties alleged to have accrued by reason of defendant's failure to deliver within a certain time a carload of fertilizer shipped over its road.… Martin v. City of Weightsville Page 1110 Martin and others, as citizens and taxpayers of the City of Wrightsville, brought their equitable petition against Brinson, the mayor of the city, certain named individuals who *53were alleged to be- councilmen, and another, who was alleged to be the city marshal.… Atlantic Coast Line Railroad v. Powell Page 1111 (After stating the facts.) 1. The petition contained two counts.… (After stating the facts.) 1. The petition alleged that the legal title to the land was m Mary E.… The court below did not err in refusing to grant an injunction in this case.… Epps v. Thomas Page 1117 In a suit for injunction material allegations upon which, the plaintiffs had based their claim for equitable relief were denied.… Young v. Georgia Home Insurance Page 1119 (After stating the facts.) The court below did not err in allowing the plaintiff to dismiss its petition.… McCord v. Thompson Page 1121 (After stating the facts.) 1. To the petition as originally filed the plaintiff offered an amendment alleging that, the note and mortgage referred to in.… Brown v. Mutual Benefit Life Insurance Page 1123 Mary E. Brown brought suit against the Mutual Benefit Life Insurance Company of Newark, New Jersey, on an insurance policy upon the life of her son, Frank Brown, in which she was named as the beneficiary in case of his death.… Spears v. Spears Page 1124 Under the conflicting evidence in this case there was no error in denying an interlocutory injunction.… Wikle v. Jones Page 1124 The executor of an estate in his individual capacity executed to- himself as such executor a mortgage reciting that it was given to secure his indebtedness to the estate, and afterwards entered on the mortgage a cancellation, which was entered on the records; subsequently to which he-was adjudged a bankrupt.… Hodnett v. Stewart Page 1124 1. One of several executions owned by different parties, issued upon judgments against the same party, was levied upon a tract of land to which the wife of the defendant in execution filed a claim.… Lowe v. Crawford Page 1125 The exceptions to the charge of the court and its rulings as to the admissibility of certain evidence in the ease were without merit; and the evidence was sufficient to support the verdict.… Beall v. Hutcheson Page 1125 1. Objections to the return of the appraisers, setting aside a year’s support upon a widow’s application therefor, having been filed, the case was carried by appeal to the superior court, and there, upon trial of the same, a verdict was returned in favor of the applicant for a given amount; and thereupon a judgment… Central of Georgia Railway Co. v. Crapps Page 1126 The plaintiff in error excepts to the refusal of the judge of the superior court to sanction the certiorari.… Walden v. Downing Co. Page 1127 The case is controlled by the principles and authorities cited in the headnotes.… Poulos v. City of Atlanta Page 1128 Where one seeks a writ of certiorari to review and correct a judgment of a municipal court in this State, he must file with the clerk of the municipal court, or, if there he no clerk, with the judge thereof, a hond payable to the municipality under which the court exists, to be approved by the clerk or the judge… Winkles v. State Page 1128 The plaintiff in error was convicted on an indictment for the offense of “living together in a state of adultery and fornication” with a named unmarried female, he being a married man.… Hunter v. State Page 1130 The defendant was arraigned in a city court, on an accusation which charged him with “the Offense of misdemeanor,, for that the said Eli Hunter did, on the 11th day of June, 1908, in the county aforesaid, unlawfully, knowingly, and wilfully obstruct, resist, and oppose S.… Stimpson Computing Scale Co. v. Taylor Page 1131 The Scale Company brought a suit against Taylor in a justice’s court, in Macon county, on a series of eight notes, given in pursuance of a contract which was sued upon.… Towler v. Carithers Page 1132 In 1891 one Sturdivant mortgaged the mule in controversy to Carithers, the defendant in error.… Murphy v. Georgia Railway & Electric Co. Page 1133 The plaintiff sued the street-car company, alleging, that she was a passenger; that the car was stopped at her place for getting off; that while she was on the step in the act of alighting, the motorman, with a sudden jerk, started the car forward, and threw her to the ground, so that she was severely injured.… Campbell v. . Cronly Page 1134 This cause is remanded to the Superior Court of New.… Perry v. . Perry Page 1134 This is an appeal from the judgment of a justice of the peace, tried at October Term, 1907, of Waice Superior Court, his Honor B.… Bass Dry Goods Co. v. Roberts Coal Co. Page 1134 The Roberts Coal Company had an account for coal, consisting of a number of items against the Bass Dry Goods Company, amounting to $302.34.… Barbour v. Grimsley Page 1135 This day came again the parties by counsel, and the court having maturely considered the transcript of the record of the petition aforesaid and arguments of counsel, is of opinion, for reasons set forth in paragraphs four, five, six and seven of the answer of the Honorable Daniel A.… People and organizations on PlainSite with a photograph on file, alphabetically. A
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