Rome Railroad vs. Sullivan, Cabot & Co. Pleading and

evidence. Construction of charter,

Davis, Kolb & Fanning vs. Allen. Transmission of

money by Mail,

The State vs. Moody et al. Forfeiture of recognizance.

Sufficiency of indictment,

Mickelberry & Mobley vs. Shannon, adm'r. Re-issuing

promissory note. Failure of consideration,

Printup, trustee, vs. Trammel. Individual liability of

trustee,

Bigby vs. Powell, adm'r. Equity. Relief against judg-

ment at law. Misrepresentation,

Bird vs. Meadows. Illegal contract,

·

McLendon et al vs. Woodward et al. Equity. Inter-

ference with administration. Collusion. Charges in

a bill. Amendment,

Practice,

228

234

235

237

240

244

251

252

- 257

Walker et al. vs. Walker, ex'or. Arbitration. Minutes

of arbitrators.

Carroll vs. Carroll. Construction of will. Estate tail.

Separate estate,

260

Elder vs. Whitehead et al. Appeal. Affidavit of ina-

bility to pay cost, by attorney,

King vs. Armstrong. Award, mistake in, when set

aside,

262

264

Johnson vs. Martin et al. Certiorari. Insolvent debtor.

Schedule. Fraud. Alienation of property,

Ector vs. Ector. Dormant judgment.

277

Cummins vs. Boston & Gunby. Marriage settlements.

Recording and notice of. Rights of Fuctors,

AT MILLEDGEVILLE-MAY TERM, 1858.

Wm. W. Ross et al. vs. Martha B. Ross. Railroad

stock not subject to garnishment.

Thornton (a slave,) vs. The State. Accessory before the

fact. Slave after conviction of murder, competent

wilness on the trial of another slave.

297

301

D. M. Lafitte vs. Alex B. Lawton. Construction of mar-

riage settlements.

The State vs. Lavinia, a person of color.

305

Certiorari and

317

Writs of error-when they do not lie at the instance

of the State,

David S. Johnson vs. Robert Crawley. Acts of incorpo-

ration. Old and new charters. Authority of agents

316

The doc-

331

337

to mortgage. Purchaser at Sheriff sale.

James A. Wade, ex'or. vs. David S. Johnson.

trine of fixtures-what are and are not,

J. B. Edwards vs. N. McKinnon. Competency of wit-

Interest in the event of the suit.

ness.

AT ATHENS-MAY TERM, 1858.

Nancy Bond vs. Allen, Justice. Provision for widow

and children, under Acts of 1850 and 1856.

James C. Mitchell vs. Jas. L. Gillespie. Plea of former

343

recovery. Breach of warranty.

346

Ex'ors, of Nolan vs. J. W. Bolton, et al. Advancements.

Loans.

352

Henry Freeman vs. T. B. Norwell. Bail trover. Deliv-

ery of property to plaintiff. Breach of his bond.

359

AT SAVANNAH-JUNE TERM, 1858.

Sam. Warner vs. J. A. Graves. Equity Practice. Pro-

duction of Deeds. Cross bill.

369

H. C. Parker vs. W. Hughes, Jr. Grant from the State,

how and when set aside. Making the State a party. 374

Austin Smith vs. D. J. McDonald. Fraudulent convey-

ancés. Possession of vendor after sale.

Jacob Moody vs. Thomas Morgan. Attachments. Re-

plevying Bond-its condition.

377

381

Abner Sutton vs. E. Sutton. Mortgages-parties to fore-
closure of Variance between the debt and the mort-

gage.

383

C. A. Red vs. City Council of Augusta. Presumptions.

Speculative damages.

386

S. D. Linton & Co. vs. Charles A. Williams. Contracts.

Statute of Frauds. Signing agreement by one party. 391

John B. Whilden vs. The State. Assault and Battery.

Stabbing. Criminal practice.

Amendments.

J. B. Hayne et al. vs. J. M. Perry.

Peter Paulett and Wife vs. Jacob Johnson et al. What

proper foundation for introduction of copy deed.

Verbal admissions to prove resulting trust. What

sufficient notice to purchaser.

Commissions on paying pecu-

396

400

403

Ex parte, Jones, exo'r.

niary legacies by the executor of an executor.

Walker vs. Walker et al. ex'ors. Manumission of slaves

by will. American Colonization Society.

A. R. Beall vs. S. Drane et al. ex'ors. Capacity of free

persons of color to hold real estate. Bequests when

void for uncertainty, and when not void.

414

420

430

R. H. McLeod et al. vs. The Savannah Albany and Gulf

Railroad Co. Railroad bridge not an infringement

of a prior right or franchise to build a toll bridge.

R. W. Rodgers, Sh'ff, vs. R. H. May. Ca.sa. Discharge

under defective bond-Second arrest and bond-Sher-

iff's liability.

445

463

S. Warnock, prop. vs. G. G. Watson et al. caveators. Par-

ties to caveats. Appeals and parties thereto.

Elizabeth M. House vs. Jesse House. Divorce. Juris-

idiction. Parties non-resident.

467

473

John P. Stringfield vs. The State. Trading with slave.

Indictment when sufficient. Name of owner.

B. F. McLelan vs. The State. Adullery. Charge of

the Court. Evidence.

Silena A. Churchill et al. vs. Drury

474

477

Corker, ad'mr. New

married woman under power. Proper parties to sue. 479

Effect of probate of

Court of Ordinary.

Marital rights. Will by

Green Martin vs. The State. Murder. Criminal prac-

Misconduct and bias of Juror.

tice.

AT MACON-JUNE TERM, 1858.

Arthur C. Conner vs. The State. Simple Larceny.

Rule for taking down Testimony. Indictment. Ju-

rors how summoned in Criminal Case. Witness

unable to speak audibly. Principal. Arrest of

Judgment.

Thomas Golden vs. The State. Murder. Presumptions

of conscious guilt. Charge of the Court. Malice.

Drunkenness. What justifies the taking of human

life

The So. Bank of Georgia vs. Williams. Fraudulent

organization of Bank no defense to payment of ac-

ceptance

Dorsett, adm'r. vs. Frith.

Trover, damages in

Stamper et al. vs. Hayes. Evidence of title in promisso-

ry note. Receipt. Notice,

Walker et al. ex'ors, vs. Williamson et al. Construction

of will. Bequest to "children." Distribution. Pow-

er of appointment. Advancements. Partial intes-

tacy,

494

515

527

534

537

546

549

557

Elam et ux. vs. Garrard. Parties in equity. Exception

in suits for distribution of estates,

Williams & Co. vs. Nicholson. Negotiable notes. Equi-

ties. Notice of, when presumed. When a party is a

proper defendant to bill to set aside joint note,

Gragg vs. Richardson. Covenant. Breach of War-

ranty. Vouching Vendor. Effect of judgment,

Caraker vs. Mathews & Mathews. Attachment, over-

seers' wages, when exempt from,

560

566

571

Parker vs. Johnson. Warranty. Evidence when closed.

New trial. Charge of Court,

576

The Mayor and Council of Macon vs. Hayes, adm'r,

Removal of Marshal by city authorities. They may

justify the removal,

590

Laramore et al. vs. Chastain. Supreme Court Practice.

Discretion of Superior Court in order of business.

Effect of acknowledgment of service,

592

Baker et ux. et al. vs. Bush, adm'r. Administrator,

when may retain debt due to himself,

594

Galloway vs. the State. Continuance. Judge acting as

trior,

596

French & Aven, vs. Campbell. Garnishment. Burden
of proof,

McGuire et al. vs. Johnson. Costs, in Supreme and
Superior Courts, upon writs of error,,

-

Holman vs. Carhart, Bro's & Co. Partners. What a
plea in bar,
Jones vs. The City Council &c. of Columbus. Illegality.
Municipal taxes on non-resident's property in the city.
Title of Acts,

Rives, guardian vs. Sneed. Adopted child. Custody of
Jurisdiction of Ordinary to appoint guardian for,

Bryan ex'or, &c. vs. Rooks, adm'r, &c. Husband, when

entitled to wife's estate. Distribution of. Adminis-

tration,

600

604

608

610

612

622

Russell vs. Arnold. Garnishment, exemptions under, 625

Christian vs. Mansfield. Continuance, Attorney may

make showing for,

628

Holliday vs. Riodan

Ne exeat. Affidavit,

629

McColgan vs. McKay. Practice. New evidence admis-

sible to suve non-suit,

631

Cottle vs. Dodsou. Claim. To what Courts returnable, 633

Brooks vs. Colley, adm'r, &c. Practice in equity.

Shelton et al. vs. Wright, adm'r. Equity. An illegiti-

mate child, legitimated, inherits with lawful children, 636

Strauss vs. Waldo, Barry & Co. Partnership, denial of

Plea in bar,

Johnson & Co. vs. The Mechanics and Savings Bank,

Complaint and bail. Liability for advances made to

buy cotton. What amounts to payment,