INDEX.

ACCORD AND SATISFACTION. See Estoppel, 7.

ACTIONS. See Pleadings, 4; Ejectment, 8, 9; Injunction, 14, 15;
Railroads, 47; County Matters, 3, 7.

ADMINISTRATORS AND EXECUTORS.

1. Assent to legacy of life tenant inures to remaindermen. Mc-
Glown vs. Lowe, 34.

2. Recover possession, executor cannot, except when necessary to
carry out will. Ibid.

3. Legacy assented to, life tenant selling land and dying, admin-
istrator could not recover. Ibid.

4. Judgment against executor misnaming testator, amended.
(Hall, J.) Mitchell vs. Long, ex'r, 94.

5. Trustee's executor holds in trust. Gaboury, next friend, vs. Mc-
Govern, ex'r, 133.

6. No fraud in executor in this case. Speer et al., ex'rs, vs. Speer,
179.

7. Bill referred to auditor, report made, and execution in favor of
executors and another, and former collect money under it,
estopped from denying that latter was party to bill because
named in it as cestui que trust of another. Atkinson, ex'r, vs.
McDonald, 350.

8. Rule to require executors to pay amount due on execution re-
sisted, not prevent levy. Ibid.

9. Decree by consent to distribute and settle estate, executors are
trustees for all interested and should aid them. Ibid.

10. Appeal from court of ordinary without paying costs and giving
bond, executor may, where title of estate involved; aliter,
where cited for settlement with legatees. Hickman, ex'r, vs.
Hickman et al., 401.

11. Contract for supplies for farm binds estate when. Brightwell
et al. vs. Jordan, 486.

12. Estopped from denying title under will under which appointed
administrator de bonis non. Smith et al. vs. Sutton, adm'r,

13. Admissions of administrator who brought suit admissible,
though receiver since appointed. Planters, etc., Bk. vs. Neel,
rec'r, 576.

14. Sale, bidder at, failing to comply with bid, administrator may
re-sell and recover difference in price. Sproull, adm'r, vs.
Seay, 676.

15. Same: Delay in second sale caused by first bidder, no defence
to him. Ibid.

16. Same: Second sale, bidder at for original bidder failing to pay,
third sale made. Ibid.

17. Same: Cash required at last sale makes no difference, all of
first bid being due. Ibid.

18. Title void, where administration unnecessary and only taken
out to divest heirs.

See Liens, 4.

Cowart et al. vs. Young et al., 694.

ADMIRALTY. See Maritime Law.

ADULTERY. See Criminal Law, 1, 26.

AGENCY. See Principal and Agent.

ALIBI. See Criminal Law, 30, 31.

ALIMONY.

1. Status of debt for alimony as to garnishment. Bates vs. Bates,
105.

See Husband and Wife, 3.

ALLEYS. See Streets and Alleys.

AMENDMENT.

1. Attachment, declaration and bond, amendable. Guckenheimer
& Son vs. Day & Higgs, 1.

2. Levy informal, amended by levying officer, and court may or-
der. lbid.

3. Judgment against executor misstating name of testator, amend-
ed. (Hall, J.) Mitchell vs Long, ex'r, 94.

4. Process not directed, amendable. (Hall, J.) Ibid.

5. Usees of suit brought by head of family to recover homestead
property may be added by amendment. Braswell & Son rs.
McDaniel, 319.

6. Plaintiff may drop co-plaintiff and show him not a proper party.
Smith vs. Hanie et al., 324.

7. Name of corporation sued misstated, amended.

C. R. R, 397.

Johnson vs.

S. Lease of road where injury occurred by railroad, sued, alleged
by amendment. Central Railroad vs. Whitehead et al, 441.

9. Venue alleged by amendment, upon demurrer. Cowart et al.
vs. Young et al., 694.

10. More specific, amendment making allegation, proper. City of
Atlanta vs. Dooly, surv'r, 702.

11. Homestead, application for, not amended oncertiorari from or-
dinary's decision; aliter, on appeal. Robson vs. Walker et al.,
823.

1. Executor may appeal from ordinary's court without paying costs
and giving bond, where title of estate involved; aliter, where
cited to settle with legatees. Hickman, ex'r, vs. Hickman et
al.,
401.

ARBITRATION AND AWARD.

1. General and vague exceptions to award demurrable. Cox vs.
Mercer & Co., 399.

2. Assessors to fix price of goods, if not agreed on, is not agree-
ment to arbitrate. Willingham vs. Neal, 755.

ASSAULT AND BATTERY. See Criminal Law, 25, 40.

ASSAULT WITH INTENT TO MURDER. See Criminal Law,
23, 40, 43.

ASSAULT WITH INTENT TO RAPE. See Criminal Law, 20.

ASSIGNMENTS.

1. Bill to set aside, when proper. Old Hickory Dis. Co. et al. vs.
Bleyer et al., 201.

2. Preferred creditors proper parties to bill attacking preferences
as fraudulent. Ibid.

3. Assignee suing because of fraudulent statements as to capital
of bank, which deceived certain creditors, must show what.
Fouche, ass'ee, vs. Brower, 251.

4. Bank may assign for benefit of creditors; but cannot prevent
preferences fixed by law. Ibid.

5. Valid when made, if assignment was, not fail for want of as-
signee; receiver appointed. Ibid.

6. Assignee cannot bring suit which assignor could not maintain.
Ibid.

7. Title parted with by assignor before assignment, assignee can-
not sue for. Ibid.

8. Receiver appointed to succeed assignee has no greater power.
Ibid.

9. Same: Suggestion of legislation on this subject. Ibid.
10. Schedule or inventory not attached, assignment void.
tenden Bros. vs. Coleman & Co. et al., 331.

Crit

11. Purchasers from assignee under void assignment cannot set up
that assignee was agent of assignors. Ibid.

12. Purchasers are not bona fide without notice, where deed of as-
signment was shown them and they failed to read it. Ibid.
13. Void, assignment being, purchasers from assignee ordered to
pay fund into court; all creditors could then contest for it.
Ibid.

14. Void assignment, fund arising from sale under, paid to fraudu-
lent creditor, recovered in equity by purchaser paying it. Ibid.
15. Attestation of affidavit by notary de facto, good. Smith &
Bondurant vs. Meador, 416.

16. Filing bill against firm as insolvent traders, without sanction,
not prevent assignment. Knoxville Iron Co. vs. Wilkins, Post
& Co. et al., 493.

17. Attacked for fraud, judge may grant injunction and receiver to
preserve assets.
Oliver & Co. et al. vs. Victor & Co. et al.,

543.

18. Parties made to bill to set aside assignment and sale under it,
so as to decide equities of all interested. Crittenden Bros.
vs. Coleman & Co. et al., 803.

ATLANTA. See Criminal Law, 62.

ATTACHMENT.

1. "Conceal themselves," that firm do, sufficient to allege in af-
fidavit, without alleging that members do so. Gucken-
heimer & Son vs. Day & Higgs, 1.

2. Agent or attorney may sue out attachment and give bond. Ibid.
3. Declaration, what sufficiently identifies attachment on which
based. Ibid.

4. Amend attachment, declaration or bond, plaintiff may. Ibid.
5. Against ship, in state court, not conflict with admiralty and
maritime jurisdiction in U. S. courts. Walter & Kierstead,

18.

6. Ship, part ownership of, subject to levy. Ibid.

7. One owner named, others unknown, sufficient. Ibid.

8. Replevy bond given, dissolves attachment, and case proceeds
as ordinary suit. Ibid.

9. Void, if attachment is, motion made to dismiss, although bond
given. Ibid.

10. For purchase money, affidavit should describe property. Mayer
& Glauber vs. Brooks, 526.

11. Same: Description, what sufficient. Ibid.

Ibid.
Ibid.

12. Declaration, none necessary in justice's court.
13. General judgment, where property replevied.
14. Railroad chartered in two states, debt due by it in one not
make attachment against person to whom due and garnish-
ment on it good in the other. Wells vs. E. T.. Va. & Ga.
Railroad, 548.

15. Parol evidence, pendency of attachment not shown by. Horne
vs. Guiser Mfg. Co., 790.

16. Debt for purchase money not being due, is ground for traverse-
Baldwin vs. Rogers & Adams, 815.

17. Traverse, matters set up by, are alone in issue, and motion for
new trial not granted for failure to prove other things. Ibid.

ATTORNEY AND CLIENT.

1. Attachment may be sued out and bond given by agent or at-
torney. Guckenheimer & Son vs. Day & Higgs, 1.

2. Lien for fees on property, for reducing the amount of claims
against it. Fry et al. vs. Calder et al., 7.

3. Lien for fees, taker of property with notice, takes subject to.
Ibid.

4. Same: Notice, what sufficient to put purchaser on. Ibid.
5. Fees allowed by verdict in equity enforced by rule in name of
counsel. Cain et al. vs. Farmer, adm'r, et al., 38.

6. Absence, except for necessity or on misconception, no ground
for continuance. Cotton States L. Ins. Co. vs. Edwards,
adm'x, 220; Hatcher vs. Bowen, 840

7. Interrogatories returned by express, sent back for re-execution,
answers should be left of file; attorney cannot keep and re-
fuse to show other side. Kibbee & Martin, in re, 403.