The Southeastern Reporter, Հատոր 100West Publishing Company, 1920 |
From inside the book
Արդյունքներ 99–ի 1-ից 5-ը:
Էջ 12
... demurrer to the plea was filed , and the following order passed : " It is ordered and adjudged that said demurrer be , and the same is , sustained in so far as the allegations as to fraud in obtaining the contract sued upon , the same ...
... demurrer to the plea was filed , and the following order passed : " It is ordered and adjudged that said demurrer be , and the same is , sustained in so far as the allegations as to fraud in obtaining the contract sued upon , the same ...
Էջ 25
... demurrer , since , " If the plaintiff by ordinary care could have avoided the conse- quences to himself caused by the defendant's negligence , he is not entitled to recover . " Civ . Code 1910 , § 4426 ; Ball v . Walsh , 137 Ga . 350 ...
... demurrer , since , " If the plaintiff by ordinary care could have avoided the conse- quences to himself caused by the defendant's negligence , he is not entitled to recover . " Civ . Code 1910 , § 4426 ; Ball v . Walsh , 137 Ga . 350 ...
Էջ 26
... demurrer that ' plaintiff's petition sets forth no cause of action which would authorize a judgment against de- fendant . ' " ( a ) The above allegation in the plaintiff's pe- tition was not attacked by an appropriate spe- cial demurrer ...
... demurrer that ' plaintiff's petition sets forth no cause of action which would authorize a judgment against de- fendant . ' " ( a ) The above allegation in the plaintiff's pe- tition was not attacked by an appropriate spe- cial demurrer ...
Էջ 27
... demurrer in- terposed , and the court erred in sustaining the demurrer and in dismissing the petition . " While it is undoubtedly true that the conten- tions of the plaintiff were stated more at length than those of the defendant , it ...
... demurrer in- terposed , and the court erred in sustaining the demurrer and in dismissing the petition . " While it is undoubtedly true that the conten- tions of the plaintiff were stated more at length than those of the defendant , it ...
Էջ 33
... demurrer on the ground that there was no absolute tender of the amount admitted to be due the factor , and no ruling is made on the question of whether such a tender was necessary . ( b ) The request to overrule on review the case of ...
... demurrer on the ground that there was no absolute tender of the amount admitted to be due the factor , and no ruling is made on the question of whether such a tender was necessary . ( b ) The request to overrule on review the case of ...
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Common terms and phrases
action alleged amended amount Appeal from Superior Appeals of Georgia authority bank Bertie county bill bill of lading bonds brings error carrier cause charge Circuit Court cited claim codicil complained concur contract conveyed Coun counsel Court of Appeals court of equity CRIMINAL LAW damages decree deed defendant's demurrer denied equity Error from Superior estoppel evidence facts fendant filed Georgia grant ground heirs held husband indictment injunction injury interest issue Judgment affirmed jury land liable Martin county ment mortgage motion nonsuit North Carolina opinion overruled owner paid parties payment person petition plaintiff in error pleadings possession purchase purpose question Railroad Company reason recover rendered resulting trust reversed rule statute sufficient suit Superior Court supra Supreme Court Syllabus Tennessee River testified testimony thereof thereto tiff tion trial judge trust verdict wife witness
Սիրված հատվածներ
Էջ 60 - ... no contract for the sale of any goods, wares, and merchandises, for the price of ten pounds sterling or upwards shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part...
Էջ 437 - We hold, however, that the basis of all calculations as to the reasonableness of rates to be charged by a corporation maintaining a highway under legislative sanction must be the fair value of the property being used by it for the convenience of the public.
Էջ 154 - In case of the death, or other disability, of a party, the court, on motion, may allow the action to be continued by or against his representative or successor in interest. In case of any other transfer of interest, the action may be continued in the name of the original party, or the court may allow the person to whom the transfer is made to be substituted in the action.
Էջ 437 - What the company is entitled to ask is a fair return upon the value of that which it employs for the public convenience. On the other hand, what the public is entitled to demand is that no more be exacted from it for the use of a public highway than the services rendered by it are reasonably worth.
Էջ 441 - The procedural provisions of the Act are assailed. But these provisions, as we construe them, do not offend against the constitutional requirements governing the creation and action of administrative bodies. See Interstate Commerce Commission v. Louisville & Nashville R.
Էջ 132 - State; provided, that all actions for the recovery of the possession of, quieting the title to, or for the enforcement of liens upon real estate, shall be commenced in the county in which the real estate, or any part thereof affected by such action or actions, is situated.
Էջ 235 - To take and hold such voluntary grants of real estate and other property as shall be made to it, to aid in the construction, maintenance and accommodation of its rai>oad ; but the real estate received by voluntary grant shall be held and used for the purposes of such grant only.
Էջ 235 - To purchase, hold and use all such real estate and other property as may be necessary for the construction and maintenance of its railroad, and the stations and other accommodations necessary to accomplish the objects of its incorporation; but nothing herein contained shall be held as repealing, or in any way affecting the act entitled " An act authorizing the construction of railroads upon Indian lands,
Էջ 184 - ... in its discretion, and upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment, order, or other proceeding, taken against him through his mistake, inadvertence, surprise, or excusable neglect...
Էջ 437 - And in order to ascertain that value, the original cost of construction, the amount expended in permanent improvements, the amount and market value of its bonds and stock, the present as compared with the original cost of construction, the probable earning capacity of the property under particular rates prescribed by statute and the sum required to meet operating expenses, are all matters for consideration, and are to be given such weight as may be just and right in each case.