offer to, before suing for property parted with by him or for
damages for fraud. Ibid. (See No. 11 above.)

14. Same: Defendant may recover property delivered to infant.
Ibid.

15. Consideration, proper charge as to, in this case.

ptnr., vx. S. W. R. R. et al., 296.

Papot, sung.

16. Acceptance, though absolute, equities between original parties
set up, if taker had notice. Claflin & Co. vs. Duncan, John-
ston & Co., 348.

17. Parol evidence admissible to prove part of contract not in
writing, where contract does not purport to contain all terms.
Ibid.

18. Relief of crop in which person other than debtor had an inter-
est from apprehended levy against debtor, is sufficient con-
sideration for promise of such other person to pay. Patter-
son vs. Newton, 366.

19. Sell on commission and pay over proceeds "within

days,"

means in reasonable time or time agreed on by parties.
Hawkins et al, vs Gibson, Son & Co., 405.

20. Same: Notes and mortgage taken for amount due is not a no-
vation, and does not release sureties. Ibid.

21. Breach must be shown and time it occurred, to recover for fail-
ure to deliver goods. Wrenn, Whitehurst & Co. vs. Deveney,
Hood & Co., 422.

22. Credit whether extended directly to defendant or as surety for
another, test of discussed. Reynolds, ass'ee, vs. Simpson &
Ledbetter, 454; Maddox vs. Pierce, 838.

23. Agreement to make title to wife and children on payment of
note of husband and father and "other indebtedness to me
or to," T. C. and D. L. T., includes indebtedness made by
family for necessaries after his death. Turner et al., ex'rs,
vs. Berry et al., 481.

24. Same: Debt not added to agreement by wife so as to bind chil-
dren.

Ibid.

25. Same: Debt superior to title should be paid. Ibid.

26. Same: Entry by obligor on instrument before delivery admis-
sible. Ibid.

27. By administrator for supplies to run farm, binding when.
Brightwell et al. vs. Jordan, 486.

28. Statute of frauds, contract recognized in letters is not within.
Geo. Refg. Co. vs. Aug. Oil Co., 497.

29. Bond for title contemplated putting purchaser in possession in
Irwin vs. Askew, 581.

this case.

30. Vendor failing to comply with contract, damages recovered,
though no money paid. Ibid.

31. Marriage a valuable consideration for promise to make wife
beneficiary of insurance policy. Nally vs. Nally et al., 669.
32. Assessors to fix price of goods sold, if not agreed on, is not ar-
bitration. Willingham vs. Veal, 755.

CONVICTS. See Jurisdiction, 16.

CORPORATIONS.

1. Sayings of agent in line of business bind. Cotton States L. Ins.
Co. vs. Edwards, adm'r, 220.

2. Agent's acts and fraud in business bind company. Fouche,
ass'ee, vs. Brower, 251.

3. Port Royal and Augusta Railroad is a domestic corporation.
Brigham vs. Port Royal and Aug. Rwy., 365.

4. Garnishment must be served on president of domestic corpora-
tion; not on subordinate agent, though president tempora-
rily absent. Ibid.

5. Name misstated in suit, amended. Johnson vs. Central R. R.,
397.

6. Fraudulent procurement of person to join in organizing com
pany, relief against in equity. Stewart et al. vs. Rutherford,
435.

7. Same: Corporation a proper party. Ibid.

8. Same: Ask relief from stockholders before suit, unnecessary
to. Ibid.

9. Purchase and conduct separate business to secure or pay debt,
corporation may. Reynolds, ass'ee, vs. Simpson & Ledbetter,
454.

10. Ultra vires to embark in business outside of charter. Ibid.
11. Ura vires, railroad forming partnership with individual to run
line of boats. Gunn vs. Central R. R. et al., 509.

12. Charter passed by legislature is a public law. Ibid.
13. Foreign company purchasing domestic railroad under express
power in charter, becomes domestic corporation. Angier
et a'. vs. E. T. Va., and Ga. R. R. et al., 634.

14. Grant of power and mere license to purchaser of company, dis-
tinguished. Ibid.

15. Power to run railroad from state line "to" a city not authorize
subsequent building through it to join other road. City
Council of Aug. vs. Port Royal, etc., Rwy., 658.

See Liens, 7.

COSTS. See Judge, 1; Garnishment, 8; Appeal, 1; Practice in Su-
preme Court, 30, 41; Trover, 9; County Matters, 5, 6.

COUNTY MATTERS.

1. Condemnation of property for public road and proceeding to
erect free bridge, no irregularity in, in this case.
County of Dougherty, 340.

Tift vs.

2. Commissioners may employ counsel, and are not disqualified
from determining utility of road or bridge. Ibid.

3. Bridge, neglect to repair, county not liable, except when. County
of Gwinnett vs. Dunn, 358.

4. Judgment against county for damages, no mode of enforcement
since constitution of 1877. (Blandford, J.) Ibid.

5. Costs in cases transferred from superior to county courts.
Greer, county treas'r, vs. Hudson et al., 817.

6. Same: Fund from cases in county court not transferred not lia-
ble for superior court costs. Ibid.

7. Maltreatment of person in jail, county not liable for. Wilson,
gdn., vs. County of Fannin, 818.

8. New debt for iron doors, cells, etc., county cannot create. Caba-
niss vs. Hill, ord'y, 845.

9. Same: Tax to pay unliquidated claim for such articles not re-
quired raised, by mandamus. Ibid.

10. Same: Orders on tax which has been exhausted, valueless,
and holder remanded to debt on which they are based.
Ibid.

See Roads and Bridges, 1.

CRIMINAL LAW.

1. Race of defendants charged with adultery or fornication need
not be alleged. Mulling vs. State, 10.

2. Inveigling children is kidnapping. Dowda vs. State, 12.

4. Opening state's case by stating what was expected to be proved.

Ibid.

5. Kidnapping, on charge of, letter of accused to child admissible.
Ibid.

6. Forging indorsement of draft charged, paper not so endorsed,
but with acceptance, not admissible. Morel vs. State, 17.
7. Consequences of verdict not for jury; except right to recom-
mend punishment. Marshall vs. State, 26.

8. Killing shown, malice presumed, unless contrary appears.
Ibid.

9. Murder, conviction of, on circumstantial evidence, and no rec-
ommendation, discretion of judge as to sentence. Ibid.

10. Circumstantial evidence, whether verdict based on, effect on
sentence. Ibid.

11. Keeping open tippling-house on Sabbath day, conviction not
defeated by nice verbal criticisms. Sanders vs. State, 82.

12. Same: What sufficient to warrant conviction, and what de-
fences.

Ibid.

13. Dying declarations, ground for admitting discussed. Battle vs.
State, 101.

14. Dying declarations rebutted by statements of declarant con-
flicting with them. (Jackson, C. J., dissenting). Ibid.
15. Kidnapping, against will and without consent of parent or
guardian, if there is one, completes crime; if none, then
must be without consent of child. Gravett vs. State, 191;
Thweatt vs. State, 821, (Girl 16 years of age).

16. Kidnapping, on issue of, unwillingness of father, and efforts to
prevent child from leaving, shown. Ibid.

17. Same: Notice to defendant of efforts of father not necessary.
Ibid.

18. Same: Promise of defendant to marry girl enticed shown, appli.
cation by him for a divorce from lawful wife admissible. Ibid.
19. Kidnapping not justified by harsh treatment of parent to child.
Ibid.

20. Assault with intent to rape, verdict of guilty of, sustained, al-
though some evidence to show penetration. Boyd vs. State,
356.

21. Equity has no jurisdiction in criminal cases. Pope vs. Mayor,
etc., of Savannah, 365.

22. Robbery, taking money from person over resistance is, and not
larceny from the person. Burke vs. State, 372.

23. Assault with intent to murder, facts which constitute. Green
vs. State, 373.

24. Distinct transaction some time before stabbing, inadmissible.
Kives vs. State, 375. (See also Green vs. State, 373.)

25. Stabbing, under indictment for, jury may convict of assault and
battery. Ibid.

26. Adultery and fornication, facts not sufficient to show in this
case. Weaver vs. State, 376.

27. Obstructing railroad, crime of, includes street railroads operated
with horses. Price vs. State, 378.

28. Judge of county court, formerly deputy clerk and interested in
costs when indictment was found, not competent to try case.
Cannon vs. State, 381.

29. Circumstantial evidence must exclude every reasonable hy-
pothesis except that of guilt Bryan vs. State, 393.

30. Alibi, impossibility of presence necessary to establish defence.
Ibid.

31. Alibi, evidence as to, considered to raise reasonable doubt of
guilt. Ibid.

32. Larceny, circumstances sufficient to prove in this case. Ibid.
33. Assault with intent to murder, intent. properly left to jury in
this case. McAlister vs. State, 394.

34. Larceny of pigs charged, threat to produce sow in order to re-
cognize them, and killing of sow, may be shown. Crowell vs.
State, 396.

35. Plea in abatement stricken, exception should show it was filed
before arraignment. Moseley vs. State, 404.

36. Cotton stealing, indictment need not charge that it was from
"place where it was stored." Ibid.

37. Prosecutor, plea that person indorsed on indictment as such is
not so in fact, left to jury. Parr vs. State, 406.

38. Same: Proper charge as to issue. Ibid.

39. Bill of exceptions must be served on solicitor general, in case
carried up from county court by certiorari. McColers 18.
State, 411.

40. Assault with intent to murder charged, but no allegation of
beating, semble, that verdict for assault and battery may be
found. Trowbridge et al. vs. State, 431.

41. Wife of one defendant on joint trial not competent to testify for
other. Ibid. (See No. 55 below.)

42. Joint trial elected and begun, too late to demand severance.
Ibid.

43. Precise weapon charged need not be proved. Ibid.

44. Street-walkers, ordinance of city to prohibit loitering at night,
is not class legislation. Braddy vs. City of Milledgeville, 516.
Ibid.

45. Same: General character shown.

46. Accomplice requiring corroboration in order to convict, who is
not. Allen vs. State, 769.

47. Burglary, on trial for, errors in charging as to minor offense
immaterial. Harrison vs. State, 801.

48. Burglary, what is dwelling-house, so as to be subject of. Ibid.
49. Burglary, corpus delicti and possession of stolen goods, sufficient
to convict of. Ibid.

v-74-57