Reports of Cases in Law and Equity, Argued and Determined in the Supreme Court of the State of Georgia, in the Year ..., Volume 38Edward O. Jenkins, 1869 - Equity |
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Adams Express Company adm'r affidavit agent assigned as error attorney authority Bank of Macon bill of exceptions bond canal Cartersville Caruthers and Wife cause charged the jury claim Code complainant Confederate contract Corbin corporation cotton Court erred Court of Equity creditors currency death debt deceased Decided by Judge declares deed defendant in error defendant's delivered demurrer dower entitled equity evidence ex'r executors facts filed Furlow garnishment Gordon county ground Harkins husband indictment injunction insolvent issue James Pearce John John Harkins Johnson judgment land legacy liable lien Macon ment mortgage motion paid parties payment person pistol plaintiff in error possession promissory note purchase Railroad received record refused Reid remedy rule Savannah sheriff slaves sold Southern Express Company statute Superior Court Term testator testified testimony tion trial trust verdict Whitley widow witness Wommack
Popular passages
Page 384 - The obligation of a contract is "the law which binds the parties to perform their agreement." Sturges v. Crowninshield, 4 Wheat. 122, 197; Story, op. cit., § 1378. This Court has said that "the laws which subsist at the time and place of the making of a contract, and where it is to be performed, enter into and form a part of it, as if they were expressly referred to or incorporated in its terms. This principle embraces alike those which affect its validity, construction, discharge and enforcement.
Page 432 - Act to recover damages for personal injuries to an employee or where such injuries have resulted in his death, the fact that the employee may have been guilty of contributory negligence shall not bar a recovery, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee...
Page 367 - The distinction between the obligation of a contract, and the remedy given by the legislature to enforce that obligation, has been taken at the bar, and exists in the nature of things. Without impairing the obligation of the contract, the remedy may certainly be modified as the wisdom of the nation shall direct.
Page 692 - ... shall be heard and determined as in other cases ; and if such representatives shall not voluntarily become parties, then the other party may suggest the death on the record, and thereupon, on motion, obtain an order that unless such representatives shall become parties within...
Page 762 - Court below, overruling the motion for a new trial, made by the plaintiff in error, on the ground that the Court ,'erred in its charge to the jury, as to the...
Page 538 - If the laws of the State passed afterwards had done nothing more than change the remedy upon contracts of this description, they would be liable to no constitutional objection. For undoubtedly, a State may regulate at pleasure the modes of proceeding in its courts in relation to past contracts as well as future.
Page 383 - The obligation of a contract consists in its binding force on the party who makes it. This depends on the laws in existence when it is made ; these are necessarily referred to in all contracts, and forming a part of them as the measure of the/ obligation to perform them by the one party, and the right acquired by the other.
Page 532 - There shall be exempt from levy and sale, by virtue of any process whatever under the laws of this State, except as hereinafter excepted of the property of every head of a family, or guardian, or trustee of a family of minor children, or every aged...
Page 391 - In order to come within the provision of the constitution of the United States which declares that no state shall pass any law impairing the obligation of contracts...
Page 538 - Regulations of this description have always been considered, in every civilized community, as properly belonging to the remedy, to be exercised or not by every sovereignty, according to its own views of policy and humanity.