50. Indictment not quashed because of technical irregularities in
drawing grand jury. Roby vs. State, 812.

51. Burglary, what sufficient to warrant conviction of. Codone vs.
State, 813; Whitlow vs. State, 819.

52. Forcible entry and detainer may be one offense, or each may
constitute one. Blackwell vs. State, 816.

53. Same: Both charged, both must be proved. Ibid.

54. Same: Force or threats necessary to constitute. Ibid.

55. Wife of one of defendants is competent witness on several trial
other. Whitlow vs. State, 819. (See No. 41 above.)

56. Ill-will of prosecutor to defendant admissible for what purpose.
Ibid.

57. Murder, facts sufficient to warrant conviction in this case. Hull
vs. State, 825.

58. "Lawful riot," verdict of, equivalent to not guilty. Barron et
al. vs. State, 833.

59. Riot, violence necessary to constitute. Ibid.

60. Chicken thief, three months' imprisonment a light penalty.
Buchanan vs. State, 835.

61. Property alleged stolen must be identified with that actually
stolen; where marks alleged, must be shown. Wiley vs.
State, 840.

62. Bastardy case, city court of Atlanta has jurisdiction of, on ac-
cusation. Dar den vs. State, 842.

63. Murder, evidence sufficient to warrant conviction for, in this
case. Davis vs. State, 869.

64. Circumstantial evidence, what proofs of links in chain neces-
sary. Ibid.

65. Motive, presence or absence of, how far considered in deter-
mining guilt. Ibid.

66. Confession to sheriff, not from fear or hope, admissible. Ibid.
67. Indictment returned to court by bailiff of grand jury, sufficient.
Ibid.

See Evidence, 23.

DAMAGES.

1. Life insurance company refusing to continue policy, measure
of damages. Ala. Gold L. Ins. Co. vs. Garmany, 51.

2. Entire contract partly performed and then broken by one party,
no allowance to him for part performed. Ibid.

3. Holder under deed with reversion on condition, after breach

and disclaimer of possession, re-entering and removing fix-
tures, damages recovered. Carr et al. vs. Ga. R. R., 73.
4. Bridge of county, though no bond taken from contractor, if
owner of mule could have prevented injury on, by ordinary
care, no recovery. County of Macon vs. Chapman, 107.

5. From grading streets and cutting shade trees, when recovered.
Castleberry vs. City of Atlanta, 164.

6. Against insurance company for bad faith in refusing to pay
death loss, when granted. Cotton States L. Ins. Co. s.
Edwards, adm'x, 220; Watertown F. Ins. Co. vs. Grehan, 642.
7. Saw-mill and machinery not such as bargained for, too remote
to recover for abandoning farming to go into milling business,
additional purchasers of timber, stock, vehicles, etc., and
personal services in testing mill. Willingham vs. Hooven,
Owens, Rentschler & Co., 233.

8. Measure of damages, where quality of goods inferior to those
contracted for delivered. Ibid.

9. For frivolous exception to Supreme Court. Williamson et al.
ex'rs, vs. Heyser, ex'r, 271; Patterson vs. Newton, 336.

10. Nominal damages, in order to recover, contract and breach as
alleged, must be shown. Wrenn, Whitehurst & Co. vs.

Deveney, Hood & Co., 422.

11. Damages must be proved, to be recovered. Ibid.

12. Time of breach of contract to deliver goods must be shown

Ibid.

13. Measure of damages is difference between contract price and
market value at date of breach.

Ibid.

14. Measure, where purchaser refuses to accept goods. Geo. Rejg.
Co. vs. Augusta Oil Co., 497.

15. Irreparable damages, danger of, is ground for injunction.
Butler vs. Mayor, etc., of Thomasville et al., 570.

16. Measure, where vendor of land refuses to comply with contract
of sale. Irwin vs. Askew, 581.

17. Discrimination by railroad against goods brought by certain
line, such line or shipper may recover. Logan & Co. vs. Cen-
tral R. R., 684.

18. Measure of damages in such case. Ibid.

19. Bill-board of licensed bill-poster wrongfully torn down by city,
damages recovered. City of Atlanta vs. Dooly, survivor, 702.

22. Replace boards torn down by city, plaintiffs not bound to. Ibid

23. Watercourse changed, injuring adjacent land, damages for.
Cheeves vs. Danielly, 712.

24. General damages not recovered, where count for permanent in-
jury to land withdrawn. Ibid.

25. General and nominal damages confused in charge, error.

Ibid.

26. Aggravated damages not recovered for mere diversion of water-
course without violence.

Ibid.

27. Productiveness, dryness and acreage drained, admissible in

28. Measure of, in suit on bond required of complainant in granting
injunction. Richardson el al., ex'rs, vs. Allen, 719.

29. $6,040.00 for crushing leg by railroad not excessive. Georgia
Railroad vs. Williams, 723.

30. Write off part of recovery for homicide of husband, pending
motion for new trial, right of plaintiff to. (Jackson, C. J.,
dissented). Central Railroad vs. Crosby, 737.

31. Maltreatment of person confined in jail as a lunatic, county not
liable for. Wilson, gd'n, vs. County of Fannin, 818.

32. Pain and suffering are elements of damage in suit for physical
injury. W. & A. R. R. vs. Abbott, 851.

33. Same: Measure in such case is enlightened conscience of im-
partial jury. Ibid.

34. Contributory negligence, effect on damages. Ibid.; Bruns. &
W. R. R. vs. Hoover, 426; W. & A. R. R. vs. Meigs, 857.

35. Homicide of husband sued for, recovery not reduced by insur-
ance on his life. Ibid., 857.

36. Carlisle tables admissible in fixing measure for homicide. Cen-
tral Railroad vs. Crosby, 737.

See Malicious suit, 1; Ejectment, 8.

DEBTOR AND CREDITOR.

1. Creditors defrauded by representations as to capital of bank may
sue parties participating in fraud. Fouche, ass'ee, vs. Brower,
251.

2. Same: Certain parties so defrauded not give right to general
suit by creditors. lbid.

3. To whom credit extended, is for jury. Reynolds, ass'ee, vs.
Simpson & Leubetter, 454.

4. Original debtor or surety, whether defendant is, test of.
Maddox vs. Pierce, 838.

Ibid.;

5. Rights of creditors favored, and aid afforded them to detect, de-
feat and annul any efforts to defraud them. Oliver & Co. et
al. vs. Victor & Co. et al., 543.

6. Mutual accounts defined and discussed. Gunn vs. Gunn, 555.
7. Same: Whether accounts are mutual is question of fact. Ibid.
8. Same: Mutuality, how terminated. Ibid.

DEEDS.

See Assignments; Contracts, 23-26.

1. Construed. Carr et al. vs. Ga. R. R., 73; Dunbar & Co. vs. Mize
et al., adm'rs, 130.

2. Reversion on condition, effect of breach and disclaimer of pos-
session. Carr et al. vs. Ga. R. R., 73.

3. Separate estate to married woman in this case. Dunbar & Co.
vs. Mize et al, adm'rs, 130.

4. Ratification endorsed on deed, effect of. Ratteree, adm'r, vs.
Conley, 153.

5. Record in Alabama not make deed admissible in evidence
here. Papot, sung. ptnr., vs. S. W. R. R. et al., 296.

6. Whether given as a conveyance or as a security for debt, left to
jury. Wilson vs. Dunnegan, 399.

7. Mistake by scrivener in omitting reservation from deed, cor-
rected in equity. Smith vs. Smith et al., 404.

8. To secure debt, if infected with usury, must be set up before
judgment. Owen vs. Gibson, 465.

9. To secure debt, better practice to enforce debt is to file deed and
obtain special judgment. Ibid.

10. To one and her " present heirs," conveys estate in common.
Chess, Carley Co. vs. Purtell et al., 467.

11. Will and deed distinguished.

blood, adm'r, 614.

Youngblood et al. vs. Young-

12. Estopped from denying that paper was deed by filing bill to

cancel it as such. Ibid.

13. Headed with name of county and referring to well-known land-
marks, not void as failing to show where land lay. Jennings
vs. Nat. Bk. of Athens et al., 782.

14. Ambiguity in deed explained by parol. Ibid.

15. Conveyance to endorser in trust to pay debt, deed was in this
case. Ibid.

16. Conditional and leaving leviable interest in grantor, deed was

DEMAND. See Landlord and Tenant, 2; Liens, 7.

DEMURRER.

See Res Adjudicata, 3, 4; Equity, 20; Amend-
ment, 9.

DISPOSSESSION OF TENANT. See Landlord and Tenant, 2.

DISTRESS WARRANT.

1. Tenancy ceasing, not prevent distress warrant for rent due.
Tyner vs. Slappey, 364.

2. Precedence out of fund from sale of lot, distress warrant has,
where levied before laborer's lien attached. Hight vs. Flem-
ing et al., 592.

See Practice in Superior Court, 13.

DOUGHERTY COUNTY. See County Matters, 1, 2.

DOWER.

1. Taxes on dower lands, widow cannot have apportioned between
her and reversioners. Austell vs. Swann et al., ex'rs, 278.

2. Income of dower lands from date of husband's death, widow
can recover, after having dower assigned. (Blandford, J.,
dissenting.) Ibid.

3. Same: This right exists independent of the Statute of Merton.

Semble. Ibid.

4. Election as to dower, bequest or child's part in ignorance, not
bind, except as to rights acquired by third parties. Ibid.

5. Year's support and right of dowress to income from dower
land from death of her husband do not conflict. Ibid.

EAST TENNESSEE, VIRGINIA AND GEORGIA RAILROAD.
See Railroads, 25, 30.

EDUCATION.

1. Taxation by board of education in Richmond county. Mont-
gomery et al. vs. Board Education, etc., et al., 41.

EJECTMENT.

1. Disclaimer of possession by holder under deed containing con-
ditional reversion casts possession on reversioner. Carr et
al. vs. Ga. R. R., 73.

2. Disclaimer dates from the filing of the suit. Ibid.

3. Heirs sue under deed in this case.

Ibid.