Georgia Reports Volume 38

Georgia Reports Volume 38

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1869 edition. Excerpt: ... this State. It has been justly remarked, by an eminent civilian, that "to attack the Constitution of the State, and to violate its laws, is a capital erime against society, and if those guilty of it are invested with authority, they add to this crime a perfidious abuse of the power with which they are-intrztsted. Vattel, 9, section 30. In view of the obligation imposed upon me to support and maintain the integrity of the Constitution of the United States, which declares that " no State shall pass any law impairing the obligation of contracts," and not entertaining the least doubt that the Act of 1868, both upon principle and the authority of the decisions of the Supreme Court of the United States, is a palpable violation of that Constitution, I am unwilling to embalm myself in my own infamy, upon the records of this Court, as a debauchedjudicial offlicer, in holding that Act to be constitutional; therefore, I dissent from the judgment of the Court in this case. THE FIRsT NATIONAL BANK or LIACON, plaintiff in error, rs. CHARLEs NELsON & CO., defendants in error. 1. An agent for the sale of goods cannot, as against the owner, pledge or mortgage them to athird party, to secure advances made on his own account. 2. To constitute a pledge or pawn, under the Code, there must be adeposit of the thing pawned, and this cannot be dispensed with by a written agreement, that the party making the pledge will be the bailee of the pawnee. 3. When, in the submission of the law and the facts of a case to the Judge, it was agreed that if the Judge should have any doubts upon a question of fact, he should submit it to a special jury, and on the trial there arose a question of notice to a bank, and it was proven that the fact was...
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Product details

  • Paperback | 266 pages
  • 189 x 246 x 14mm | 481g
  • United States
  • English
  • black & white illustrations
  • 1236821408
  • 9781236821409