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ADVERSE POSSESSION.

See Limitation of Actions, 1 to 10.

AFFIDAVIT.

See Usury, 3, 4.

AMENDMENT.

1. In Equity, where a demurrer to the whole bill has been
sustained, there is nothing to amend by; but, where
any part of the bill is left untouched, the whole may be
amended. Dudley vs. Mallery,

2. The same rule prevails at Law. Giddens vs. Mirk,

3. Where a good and legal cause of action is set forth in
the plaintiff's declaration, under the Act of 1818 and the
rules of Court, he is entitled, on the appeal, to amend so
as to avoid a nonsuit from a variance between his proof
and averments, especially where the cause of action
would have been barred by the Statute of limitations.
Martin vs. Philips,

4. On appeal trials, the Court may allow an amendment,
even after the cause has been submitted to the Jury.
Vance, et al. vs. Crawford, et al. Ex'rs.
See Practice Supreme Ct. 2-4. Writ of Error, 2, 3.

APPEAL.

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1. An appeal does not lie from a verdict rendered upon
an issue of fraud, formed under the Act of 1823, called
the "Honest Debtor's Act." Armis vs. Barker,

52

364

203

445

170

2. An appeal does lie from a verdict rendered on an issue
formed upon a return to a summons of garnishment, as
a matter of right. Strickland vs. Maddox,
See Writ of Error, 1. Amendment, 3, 4.

393

APPLICATION OF PAYMENTS.

See Judgment, 4.

ARBITRATOR.

See Award, 1, 2.

ARREST OF JUDGMENT.

1. A motion in arrest of judgment may be made at any
time before the adjournment of the Court at which the
cause is finally disposed of. Hartridge vs. Wesson,

2. Entering up judgment by the opposite party, will not
defeat the motion. Ibid.

3. Judgment will be arrested upon an indictment which
charges an offence on the face of it, barred by the Stat-
ute of limitations. McLane vs. the State,

ARSON.

1. Where the testimony is conflicting as to the character
of the house alleged to have been burned by the defend-
ant, a new trial, will not be granted where the law and
the facts have been fairly submitted to the Jury. Mc-
Lane vs. the State,

2. An indictment charging the defendant with burning a
house, used as a dwelling house, is sufficient. Ibid.

ASSIGNMENT OF EXECUTION.

See Execution, 1.

AUGUSTA.

1. Under the authority to pass all ordinances, requisite for
the security, welfare, and convenience of the city, the
City Council are empowered to pass an ordinance reg-

101

335

335

ulating the keeping and retailing of gunpowder within
the corporate limits. Williams vs. the City Council,
See Constitution, 3, 4.

AWARD.

1. The award of an interested arbitrator, whose interest
was unknown to the party at the time of the submis-
sion, will be set aside in a Court of Equity. Milnor &
Co. vs. Ga. R. R. & Bkg. Co

2. No man can be a judge in his own case. Ibid.

3. What amounts to an award. Ibid

See Equity, 5.

509

385

BAIL.

1. Before bail in criminal case can be made liable, the rec-
ord must show that the principal was called and did not
appear. Park vs. the State,

BANKRUPT.

1. If a bankrupt fails to plead his discharge in bar to a
suit pending against him at the time it is obtained, a
Court of Equity will not avoid the judgment so as to
render his discharge available. Bellamy & Co. vs. Wood-

son,

329

175

BILL OF EXCEPTIONS.

1. May be taken and tendered at any time within the thir-
ty days, prescribed by law. Carey, Assignee, vs. Alex-
ander, Judge.

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BILLS OF EXCHANGE.

1. By the Statute of 26th Dec. 1826, notice of the non ac-
ceptance of a foreign bill drawn and indorsed in this
State, and not payable at a chartered Bank, is not ne-

609

cessary to bind the indorser. Hartridge vs. Wesson,

See Promissory Notes.

BOND.

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1. For appearance to answer a criminal charge before the
Superior Court, is a valid bond, though taken and test-
ed by the sheriff. Park vs. the State,

-

2. Before bail in a criminal cause can be made liable,
the record must show that the principal was called, and
did not appear.

Ibid.

CHARGE TO THE JURY,

1. The Court has a right to charge the Jury on all ques-
tions of law raised by counsel, or to instruct them as to
what he may believe to be perversions by one counsel
of the legal positions assumed by opposite counsel.
Matthews vs. Poythress, -

329

287

CHARITABLE USES.

See Statutes English, 1, 2. Equity, 11.

CHOSE IN ACTION.

See Husband & Wife, 1, 3.

CITATION.

See Practice Supreme Ct. 2.

CITIES.

See Augusta, Savannah.

CITIZENS.

Free

persons of color are not. Cooper & another vs. May-
or &c. Savannah,

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68

COLLATERAL ISSUE.

See Garnishment, 1, 2.

COLLATERAL SECURITIES.

See Garnishment, 3. Judgment, 5.

COLOR OF TITLE.

See Limitation of Actions, 5, 6, 8.

CONSTITUTION OF GEORGIA.

1. The Act of 1801, which authorizes three or more Jus-
tices of the Inferior Court to preside in all cases in which
the Judges of the Superior Courts are parties, or inter-
ested, is not repugnant to the Constitution of Georgia.
Taylor vs. Smith,

2. A Statute, where the body of the Act contains matter
different from the title, is unconstitutional and void, only
as to such matter. Mayor, &c. Savannah, vs. the State, ex
rel. Thos. Greene,

3. "Criminal Cases," as used in the 1st Sect. 4th Art. of
the Constitution, refers to acts or omissions in violation
of public laws; and not of local by- laws of towns or cit-
ies. Williams vs. the City Council of Augusta,

4. "Trial by Jury, as heretofore used in this State," re-
fers not to pecuniary penalties imposed by municipal
corporations. Ibid.

5. Equity causes are not embraced in that clause of the
Constitution which requires defendants in all civil cases
to be sued in the county where they reside. Rice, Re-
ceiver vs. Tarver et al.

CONSTITUTION OF U. S.

1. It is competent to a State Government to authorize the

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26

509

571

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