PAGE. 84. Justices vs. Woods-Devastavit by guardian, 1, 369, 372–3; 6, 307; 10, 348. Judgment against principal, how far evidence against surety, 1, 369; 8, 143: 10, 348. Discharge of guardian's security by the Ordinary, 1, 369, 372; 10, 348. 92. Hardee vs. Stovall-Status of Judgment after appeal dismissed, 8, 134-5; 28, 401. 97. Choice vs. Marshall-Estate tail, 8, 387. Intention of Testator, 19, 258. 108. Winkler vs. Scudder-Usury, 1, 145, 407-9; 8, 167 Witness to prove usury, 9, 36. 136. Bostwick vs. Perkins-Relief in Equity against Judgments, 2, 279, 329; 8, 78, 230; 4, 182, 519; 9, 250. Judgments binding, and not to be collaterally impeached, 7, 563. 140. Whitehead vs. Peck-Construction of Statutes, 3, 153. Usury, 3, 167; 7, 133; 8, 568. 157. Eastman vs. McAlpin-Assignment-Fraudulent Conveyance, 1, 193, 205; 5, 558; 10, 29-30; 11, 534. Answer, how far evidence, 10, 212; 80, 494. 176. Davis vs. Anderson-Mortgage-Fraudulent Conveyance,1, 205; 7,276; 10, 30-2-3; 18, 675; 27, 389. Mortgage is security only-title does not pass-7, 499; 10, 73 i 19, 458; 26, 201, 212; 27, 389. 200. Dent vs. King-Contribution-evidence, 4, 557. 213. Sealy vs. The State-Passing jurymen-challenges by the State, 1, 228, 617, 620. Impeachment of Witness, 15, 168. Discretion-new trial refused where no abuse, 15, 556. 220. Jernigan vs. Wimberly-Signing by one party only, 25, 395. 222. Reynolds vs. The State-Passing jurymen-challenges by the State, 1, 617; Competency of juror, 2, 175. Resgestre, 11, 627. 231. Taylor vs. Tucker-Books as evidence, 17, 66; 28, 587; 24, 29. 236. Reed vs. Murphy-Legal title to non-negotiable paper, 8, 161. 238. Collier vs. Lanier-Reforming writings in Equity, 2, 217. .Mistake of law, 7, 75. 243. Nunn vs. The State-Constitution-Fundamental Principles, 8, 340. 252. Graddy vs. Hightower-Brief of Testimony, 8, 221; 4, 102; 7, 355; 8, 112; 9, 505; 18, 404; 25, 166. Rule for New Trial, 4, 158; 21, 161, 216; 28, 498; 25, 166. 261. Mahaffey vs. Petty-Case up in 8, 217, on new point. 266. Watson vs. Watson-Priority of ward's claim on estate of guardian, 10, 73-4. PAGE. 271. Johnson vs. The State-Mandamus, 4, 117. Defence by Treasurer under the Inferior Court, 8, 562. 275. Nisbet vs. Lawson-Inquiry into holder's title, 1, 312; 9, 591. Appeal bond, 2, 237. Appeal from confession of judgment, 18, 182; 29, 538. Interest, 2, 374; 6, 309; 14, 383; 20, 562. Discontinuance-non sequitur, 8, 30; 5, 272. Competency of witness, 6, 306; 8, 183; 25, 339. Liquidated demand, 2, 374; 6, 309; 14, 382-3; 15, Implied contract, 9, 417. Causes for Judge declining to preside, 16, 252. 292. Reed vs. Sullivan-Scire facias, 1, 366; 2, 89; 9, 502. 304. Daniels vs. Kyle-Diligence, 5, 249; 80, 274. 332 306. Field vs. Thornton-Inquiry into holder's title, 5, 244; 9,591. 315. Garvin vs. Gallagher-Issuing and serving scire facias, 10, 558. 319. Pool vs. McCrary-Promissory note, 8, 53. 322. Crafton vs. Beall-Surviving executor, and administrator of deceased executor, 3, 583; 5, 309. 348. Johnson vs. Watson-Causes for Judge declining to preside, 16,252. Delivery or performance within a year, 81, 511. 355. Bryant vs. Owen-Evidence of devastavit, 2, 65; 6, 307; 10, 348; Docket entries, 4, 159. Judgment against principal as evidence against surety, 2, 65; 8, 143; 10, 348; 16, 582. Judgment, in case of waste, against guardian, etc, individually, 8, 126. Duty of guardian, 6, 307. Liability of surety (for guardian) after discharge, 10, 348. Causes for Judge declining to preside, 16, 252. 376. McLaren vs. Steapp-Multiplicity of suits, 8, 530. 379. Conyers vs. Kennon-Statute of limitations, 1, 539; 5, 171; 6, 314; 7, 392. Presumption of prior administration, 7, 591. Injunction against ejectment by administrator, 7, 591. 381. Liptrot vs. Holmes-Conversion, 2, 119; 8,263; 11, 108; 81, 294. Legal title, whether in the trustee or the administrator, 8, 282. Executed trust, 18, 525; 14, 410. Title of husband as administrator of wife, 18, 525. 392. Baily vs. Lumpkin-Competency of witness, 4, 297. Construction of Statutes, 5, 369. Causes for Judge declining to preside, 16, 252. PAGE. Usury infects renewed securities, 22, 197. Usury shown on rule to foreclose mortgage, 27, 251. 410. Brown vs. Chaney-Judgment against principal as evidence against surety, 3, 143-4, 301; 10, 218. 418. Merchant's Bank vs. Central Bank-Demand and notice by Central Bank, 1, 594; 17, 121. Parol evidence, 2, 218; 8, 297. Personal liability of agent, 2, 218; &, 297. Signing contracts by Banks, 7, 87. 435 Collins vs. Central Bank-What due to bill holders, 8, 374; 4, 328. Relative dignity of liens, 4, 325–7; 9, 391; 18, 101. 463. Evans vs. Rogers-Time within which amendments are to be moved, and irregularities complained of, 2, 346; 4, 51; 9, 277; 18, 221. Amendments liberally allowed, 3, 127. Verdict amendable, 24, 458. Order of Control-Casa against prior indorser, 8, 146. Causes for Judge declining to preside, 16, 252. 475. Stell vs. Glass-Charge of Court-direction and opinion, 2, 381; 5,444, 471; 6, 297. Judgment conclusive and not collaterally attacked, 7, 564. Causes for Judge declining to preside, 16, 252. Appeal by one of several parties, 18, 39, 617. 489. Roosvelt vs. McDowell-Who to be sued for partnership, debt after death of one partner, 4, 50; 12, 32–4. 496. McGinnis vs. McGinnis-Election, 31, 230. 511. Mills vs. Lumpkin-Set off in Equity, 12, 88. Causes for Judge declining to preside, 16, 252. 519 Berry vs. Matthews-Case up on new points, 7, 457. Corporation and prior partnership distinguished, 17, 546. 524. Carr vs. Georgia R. R.-Construction of Statutes in favor of corporations, etc., 8, 40; 7, 224; 9, 221; 80, 527. Compensation to owner of property taken for public use, 9, 39. 538. Cofer vs. Flanagan-Ejectment maintainable by administrator, 3, 110; 9, 58; 14, 156. Statute of limitations between death and grant of administration, 5, 171; 6, 814. 550. Pledger vs. Hathcock-Slander, 26, 608. 551. McOleskey's adm'r vs. Leadbetter-Discretion of Supreme Court as to New Trials, 1, 580; 10, 214. 553. Davis vs. Barker-Amendments liberally allowed, 2, 344. Entry nune pro tunc, 24, 168. 563. Robinson vs. The State-Questions prescribed by Statute the only ones to be propounded on voire dire, 1, 616. Constitutionality of Act of 1843 prescribing questions on the wire dire, 1, 619; 2, 68. PAGE. 574. Stephens vs. Crawford-Statutory bond, validity and requisites, B, 273; 9, 315-17; 18, 149. Bond to the Governor is to the office, 3, 511; 15, 433. Bond good at common law, 5, 571; 7, 34. Discretion of Supreme Court as to New Trials, 9, 505; 14, 154. 584. Stephens, ex parte-Sheriff as beneficiary of Insolvent Act, 26, 140. 591 Badgett vs. Broughton-Measure of damage, 25, 350. 593. Central Bank vs. Whitfield-Demand and notice by Central Bank, 17, 121. 595. Anderson vs. Baker-Causes for Judge declining to preside, 16, 252. Parol gift-delivery, 81, 108. 606. Flournoy, ex parte.-Fundamental principles-vested rights, 4, 220. 610, Jones vs. The State-Challenges allowed the State, 1, 619; 2, 181. "Trial by Jury as heretofore used," 1, 619. New trial in criminal cases, 8, 323 ; 4, 442; 11, 200. 618. Boon vs. The State-Triors, 1, 633; 2, 175. Competency of juror, 2, 175; 4, 147; 15, 477, 500. 19. 631. Boon vs. The State-Opinion which disqualifies a juror, 2, 175. Drawing traverse juror from grand jury box, 4, 147. Competency of grand juror to sit on traverse jury, 4, 142. 637. Bell vs. Bell-Wife's Equity, 8, 204-5; 9, 333. Causes for Judge declining to preside, 16, 252. Wife's right of survivorship, 17, 248. Vesting of title-reduction to possession, 20, 101. KELLY. 1. Peck vs. Land.-Possession remaining with vendor, evidence of fraud, 4, 85; 6, 105; 8, 50, 275; 10, 249. New trial on the evidence, refused, 4, 175; 7, 273; 11, 206. Badges of fraud, 8, 275, (and see the head Possession above.) 31. Hester vs. Young-Deed and Will distinguished, 8, 574; 4, 65, 79 81-5; 8, 452; 10, 508-9; 18, 522. Will not evidence of title till after probate, 14, 195. 57. Watson vs. McCarthy-Slander, 26, 608. 63. Guerry vs. Perryman-Judgment conclusive evidence of amount of 66. Green vs. Bryant-Concurrence of fraud and damage, 5, 479. Mis- representation-Scienter, 6, 481. 73. Leonard vs. Scarborough-Trover by tenant in common, 4, 435. 79. Dill vs. Jones-Surety on appeal, to be made party to writ of error, 81 Henderson vs. Alexander-Abatement by death, 8, 29. 92. Bond vs. Central Bank-Holders protection against prior equities, 8, Amendable defects cured by verdict, 3, 81. 116. Robinson vs. McDonald-Limitation over too remote, and void, 17, 286. Proof of title by adm'r. or ex'tr. in trover, 18, 682. 124. White vs. Molynex-Rent not stopped by destruction of the premises, 128. Tedlie vs. Dill-Explanation of altered writing, 81, 376. 137. Denard vs. The State-Paper not a recognizance, good as a bond, 143. Brinsfield vs. Carter-State unaffected by Statutes of limitation, 4, Reverted lands subject to disposition, 10, 200. Drawer's interest in land prior to taking out grant, 10, 201; 12, Supply of omitted word, 20, 47; 28, 349. 151. McGough vs. Insurance Bank-Equity will not act where garnish- 155. Colquitt vs. Bonner-(Case mentioned merely) 2, 169. Assignee of judgment, affected by prior equities, 12, 291; 19, 158. Cox vs. Adams-Indorsement--lex loci, 27, 247. 169. Bethune vs. Bonner-Certainty in Rule Nisi, 5, 273. ` 173. Hudgins vs. The State-New trial in criminal case, 4, 442. |