Reports of Cases in Law and Equity, Argued and Determined in the Supreme Court of the State of Georgia, in the Year ..., Volumen8Edward O. Jenkins, 1850 |
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Página 9
... things , abide by , perform , fulfil and keep such award , so to be made , as aforesaid , and the same when so made , shall be made the judgment of this Court ; that the costs of said cause shall abide the event of said award , and that ...
... things , abide by , perform , fulfil and keep such award , so to be made , as aforesaid , and the same when so made , shall be made the judgment of this Court ; that the costs of said cause shall abide the event of said award , and that ...
Página 22
... thing submitted , and must not be of parcel only , If , indeed , the letter of the submission here embraced all the land , still this award is good ; for the rule , as above , is subject to this limitation , to wit : If the words of the ...
... thing submitted , and must not be of parcel only , If , indeed , the letter of the submission here embraced all the land , still this award is good ; for the rule , as above , is subject to this limitation , to wit : If the words of the ...
Página 34
... things , contained the following item : " Item 1st . It is my will and desire , that my beloved wife and son , my sister , Mrs. Margaret Williams , and her daughter , Mary Williams , should reside in the dwelling in which I now reside ...
... things , contained the following item : " Item 1st . It is my will and desire , that my beloved wife and son , my sister , Mrs. Margaret Williams , and her daughter , Mary Williams , should reside in the dwelling in which I now reside ...
Página 36
... thing to be ascertained , in the construction of a will is , the intention of the testator . In the language of the books , that is the polar star . The intention is imperative on the Courts , un- less it is in conflict with some ...
... thing to be ascertained , in the construction of a will is , the intention of the testator . In the language of the books , that is the polar star . The intention is imperative on the Courts , un- less it is in conflict with some ...
Página 37
... thing be queathed , or the person who shall take , the Court will hear evi- dence to explain such ambiguity as to the thing or person . There is no occasion here to illustrate these positions . See Wigram on the Admission of Extrinsic ...
... thing be queathed , or the person who shall take , the Court will hear evi- dence to explain such ambiguity as to the thing or person . There is no occasion here to illustrate these positions . See Wigram on the Admission of Extrinsic ...
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Términos y frases comunes
action Adm'r administrator alleged amendment answer appeal arbitrators assets assigned authority award bank Beall bill of exceptions bond Carter cause certiorari charge choses in action claim claimant Clerk Colquitt Common Law complainant contract corporation counsel County Court of Equity Court of Ordinary creditors debts decision declaration decree deed defendant in error delivering the opinion demurrer entitled evidence execution executors fact filed fraud Georgia grant ground held Henry County Inferior Court injunction issue John Jones Judge jurisdiction Jury Kenan land legatees Legislature Let the judgment levied liable lien ment motion ne exeat negroes paid parties payment Pendergrast persons plaintiff in error plea pleadings possession prove purchaser Pyron question record refused rule Sheriff slave sold Statute of Limitations stockholders Story's Eq suit Superior Court Term testator thereof Thomas tion trial trust umpire verdict wife Williams witness
Pasajes populares
Página 216 - Nor does this conclusion by any means suppose a superiority of the judicial to the legislative power. It only supposes that the power of the people is superior to both ; and that where the will of the legislature, declared in its statutes, stands in opposition to that of the people, declared in the Constitution, the judges ought to be governed by the latter rather than the former. They ought to regulate their decisions by the fundamental laws, rather than by those which are not fundamental.
Página 341 - For though in particular cases the repugnance of the law to dissolve the obligations of matrimonial cohabitation may operate with great severity upon individuals, yet it must be carefully remembered that the general happiness of the married life is secured by its indissolubility. When people understand that they must live together, except for a very few reasons known to the law, they learn to soften by mutual accommodation that yoke which they know they cannot shake off; they become good husbands,...
Página 203 - That the records and judicial proceedings of the courts of any state, shall be proved or admitted in any other court within the United States, by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, as the case may be, that the said attestation is in due form.
Página 451 - It is not enough that there is a remedy at law; it must be plain and adequate, or, in other words, as practical and efficient to the ends of justice and its prompt administration, as the remedy in equity.
Página 34 - There is no position which depends on clearer principles than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution can be valid. To deny this would be to affirm that the deputy is greater than his principal, that the servant is above his master, that the representatives of the people are superior to the people themselves, that men acting by virtue of powers may do not only...
Página 216 - A constitution is, in fact, and must be regarded by the judges, as a fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body. If there should happen to be an irreconcilable variance between the two, that which has the superior obligation and validity ought, of course, to be preferred; or, in other words, the Constitution ought to be preferred to the statute, the intention of the people to the intention...
Página 366 - There are certain political duties imposed upon many officers in the executive department, the discharge of which is under the direction of the President. But it would be an alarming doctrine, that congress cannot impose upon any executive officer any duty they may think proper, which is not repugnant to any rights secured and protected by the constitution; and in such cases, the duty and responsibility grow out of and are subject to the control of the law, and not to the direction of the President.
Página 495 - The obligation of those contracts survives, and the creditors may enforce their claims against any property belonging to the corporation which has not passed into the hands of bona fide purchasers, but is still held in trust for the company or for the stockholders thereof, at the time of its dissolution, in any mode permitted by the local laws.
Página 34 - ... Legislative act, therefore, contrary to the Constitution, can be valid. To deny this, would be to affirm, that the deputy is greater than his principal ; that the servant is above his master ; that the Representatives of the People are superior to the People themselves ; that men acting by virtue of powers, may do not only what their powers do not authorize, but what they forbid.
Página 249 - At common law there could be no limitation over of a chattel, but a gift for life carried the absolute interest.