Interstate law offers no impediment to enforcing suit for penalty
against telegraph companies. 436(1).
Local bill: Advertisement of, is for determination by the legisla-
ture. 487(1). Citing 85 Ga. 49.
Taylor county: County court amendment act of Dec. 9, 1893, con-
stitutional. 488(3).
LAWRENCEVILLE. See Municipal Corporations.
Falsa demonstratio non nocet. 28. Citing 72 Ga. 568.
Qui prior est in tempore portior est in jure. 742.
LEVY AND SALE. See Executions.
Abuse of legal process, action for, not lie, because execution
issued for whole mortgage debt, though part not due, under
Code, 1965.
Levy: Bond (voluntary) given to constable, for production of
property at sale, seized under execution against third person,
estops maker from setting up the title in himself. 645(1). Re-
cital in bond that maker "claimed the property," construed. Id.
Description: Sufficient, although premises adjoined only one of
the three persons named. 51(6).
Parol evidence admitted here to aid levy by showing land de-
scribed was in particular county. 692(4).
Possession of defendant in attachment, not negatived by entry
of levy, that it was seized at railroad depot. 260(3).
Uncertain: Description of land in levy, and deed of sheriff, too
vague and uncertain in this case. 640(1).
Wrongful: Officer levying on property in possession of defend-
ant, with notice that her children are the owners, liable, as well
as the plaintiff causing it. 623. Citing 92 Ga. 529.
Sales under. Taxes, sheriff's sales for, and deeds thereunder,
governed by ordinary rules governing sheriff's sales. 542. Deed
blank as to date of levy, admissible, in ejectment. Parol may,
if necessary, supply date, amount sold for, and payment. Id.
Continuance: No cause for, that one of plaintiffs was stricken by
amendment. 120(1).
Partners libelled: Recovery by individual member, when.
120(2,3).
traction or withdrawal: Offer of newspaper to open its col-
umns to plaintiff for any explanation, goes for nothing. 121(4).
Conditional sale and judgment against purchaser. 466. And see
"Lien," under Judgments.
Creditors obtaining judgment after appointment of receiver, on
suits brought before, entitled to no lien, when. 465.
Damaging private property: Claim for, on same footing with
one for "taking." Rank of, in competition with mortgage on
railroad. 736(5).
Laws as to, embodied in code and statutes passed since. 735(1).
And see
Insolvent traders," under Receivers.
Material-men. Code, 1979. Railroad: See that title.
Scenery and stage outfit of opera-house are "material furnished,"
and right to lien exists. 100.
Purchase-money: See "Bonds for title," under Title.
Purchase-money mortgage prevails over older judgment. And
this though part of purchase-money paid at time of purchase.
175(1). Citing 79 Ga. 703. Failure to record mortgage, not
affect lien. 94 Ga. 175(1). Execution on foreclosure of person-
alty need not be entered on general execution docket. Id.
175(2).
LIMITATION OF ACTIONS.
Amendments: Statute not apply to, where suit filed in time. 435.
Citing 92 Ga. 706.
Bonds of counties, does Code, 23479 apply to? Bonds of Bartow,
issued in 1863 to support indigent families of soldiers, not barred
here. 216(5).
Contract to carry safely, breach of, alleged, four years limitation
applies. Aliter, if suit is for the tort. 140.
Contractual limitation: See "Telegraph companies," post, under
this title.
Telegraph companies: Sixty day
tract of sender, binding. 339.
suits for penalty. 94 Ga. 339.
Trustee, suit by, against bank, for
clause for bringing suit in con-
Citing 85 Ga. 425. Aliter, as to
Citing 90 Ga. 254; 86 Ga. 104
sum deposited; statute had
application here. 356(2). S. C. 88 Ga. 333.
Local option: Amending act (Acts 1892, p. 106), since pass of,
no election in less than four years from last election. 6
LOCAL OPTION. See Liquor.
MACON. See Statutes.
City court of: See "City courts," under Courts.
Damages: Charge as to, in action for maliciously suing out dispos-
sessory warrant, held not error, here. 612(3). S. C. 93 Ga.
629.
Justification pleaded to action for maliciously suing out disposses-
sory warrant proper charge as to evidence necessary to sup-
port. 611(1), (2). Burden of proof, on the defendant. Id.
MASTER AND SERVANT.
Homicide: Anything which will excuse the servant criminally
will excuse the master civilly, not charged here. 447(4).
Reasonable doubt: no part of suit for, need be so made out as to
exclude. 447(3).
Minor: Duty to warn of danger; no presumption that minor over
fourteen years needs none. 107(1).
Lost time to majority, no recovery for, without showing manu-
mission. 107(4).
Warning of danger, when duty exists; question for jury. 107(2).
Citing 92 Ga. 712.
Tort of servant, master not liable for, unless done within scope of
employment. 124. Applied where fireman on train threw
rock at boy who had been trespassing, and hit bystander. Id.
Truck loaded with lumber; plaintiff who was employed to drive
mule hitched to it by rope, injured by lumber falling, no re-
covery. 535.
Warning of danger: See "Minor," ante, under this title.
MILLS AND MILL-SITES.
Estoppel: See "Water," post, under this title.
Water diverted to injury of mill-site, no mill having been erected;
rule as to measure of damages. 231(1). Anticipated profits
from operation of mill, not recoverable. Id. Owner estopped
if he consented to ditch; consent inferred, when. 232 (3, 4).
MINES AND MINERALS.
Estoppel: See "Water," post, under this title.
Water diverted to injury of mines never opened or worked; rule
as to damages. 232(2). Owner estopped if he consented: con-
sent how manifested. 232(3, 4).
MINORS. See Master and Servant.
Administrator cannot use estate belonging to minor, for his sup-
port, without order of ordinary. 270(2). Mother's receipt no
protection. Id. Will court of equity ratify it, where mother
received it and paid it out for necessaries: quære? 270(3).
Affidavit in forma pauperis to certiorari, minor may make. 209.
Citing 83 Ga. 636.
Domicile: Minor temporarily residing in another county when
father died, his residence is the county of the death. Code,
21693. 283. Guardian legally appointed in that county, and
sale of his wild land for tax, under Acts 1874, p. 105; 1875, p.
119, binds him. 283(2).
Earnings of, until majority, belong to father, and minor cannot re-
cover for time lost, unless he show manumission. 107(4).
Guardian ad litem. Removal of trustee: See Trusts and Trustees.
Decree affecting rights of minors unrepresented by, allowed to
stand; their mother, who was their guardian under appointment
in New York, filing an answer for them. 384. Citing 53 Ga. 514.
Minors bound by decree against prochein ami, though none ap-
pointed. 385. Citing 69 Ga. 672(3).
Parties. See "Removal of trustee," under Trusts and Trustees.
Residence of, when parents living separate, is that of the father.
257(2).
Warning of danger: No presumption that minor over 14 needs
none. 107(1). And see "Minors," under Master and Servant.
Wild land of. See "Domicile," ante, under this title.
Contract of purchase, omitting by mistake vital part; plea of fail-
ure of consideration to notes for price, sustained, when. 41.
S. C. 90 Ga. 542.
Mortgage foreclosure and junior judgment: See "Money rule,"
under Mortgages.
Abuse of legal process, action for, not lie, because execution
issued for whole mortgage debt, though a part not due, under
Code, 1965. 133.
Alimony: Mortgage to pay existing debt pending suit for alimony,
prevails over judgment. 225(3).
Description: Falsa demonstratio non nocet, discussed. 27. Citing
72 Ga. 568.
Insufficient as matter of law, when. 475(3). Question for jury,
when. Id.
Mules: Misdescription as to name, color, etc.; question for jury,
whether identification sufficient to put purchaser on notice. 27.
Citing 46 Ga. 253; 77 Ga. 365.
Personal property, whether identified sufficiently or not, for
jury. 29.
Tract all in one body described as 1,000 acres more or less, held
to cover 1,071.7 acres. 474(1). Omission of words more or
less" from execution, not vitiate sale, as sale of entire tract.
474(2).
Execution on foreclosure of personalty need not be entered on
general execution docket.
Foreclosure: Service by sheriff entered as made on a special
agent of mortgagor, junior judgment creditor cannot contest
on rule to distribute money. 696. Judgment of foreclosure
adjudicated fact of service, and its sufficiency. Id. Citing
Code, 23962.
Railroad mortgage on line located in this and adjoining State,
foreclosed in State court over whole way. 307(4). And see
Railroads.
Foreclosure on personalty: Affidavit where no oath really ad-
ministered, insufficient, and execution illegal. 461(1).
Fraud, mortgagor's title obtained by, holder of mortgage for pre-
existing deed holds in subordination to the implied trust,
whether he had notice of the fraud or not. 683(1). And see
"Fraud," under Claims.
Future acquired property cannot be mortgaged (except by rail-
road), unless within the terms of Code, 21954. 319(2).
Garnishments on mortgagor by creditors of mortgagee, not pre-
vent mortgagee or his assignee from foreclosing for whole debt,
though part not due. 133.
Installments, part not due, execution may issue for whole debt,
under Code, 1965. 133.
Jurisdiction: Non-resident purchaser of mortgaged property,
agreeing with mortgagor to pay debt, mortgagee not being
party thereto, cannot be sued in mortgagor's county. 88(2).
Lien Petition here was not to enforce lien of mortgage, but for
general judgment against mortgagor and also against non-res-
ident purchaser. 87(1).
Purchase-money mortgage superior to older judgment. 79 Ga.
703. And this though part of purchase-money paid at time of
purchase. 175(1). Failure to record mortgage, not affect
lien. Id.
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