Reports of Cases Decided in the Supreme Court of the State of Georgia Volume 150

Reports of Cases Decided in the Supreme Court of the State of Georgia Volume 150

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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. 1921 edition. Excerpt: ...into the treasury of the county in which such judgment is rendered, is in conflict with section six of the act, which declares that the proceeds of the sale of the personal property shall be applied to the payment of the costs of the proceeding, the balance, if any, to be paid to the defendant. It is the duty of the court to reconcile apparently conflicting provisions of the same statute, so as to give efiect to both, if this can be done. The court must of course give efiect to the legislative intent. In cases of conflicting provisions in the same statute, the provision susceptible of but one meaning will control, if the statute can thereby be rendered harmonious. It would seem that section eight of the act merely provides for an additional judgment of $300, as a tax against the owner of the building knowingly kept or used for the purposes prohibited by the act, or against the property of one by whom the nuisance is maintained. The present proceeding is against the person maintaining the nuisance only, and there is no prayer for judgment in the sum of $300 as provided in the 8th section of the act. Section eight is collateral to the general subject-matter of the act, and, even if void, would not affect the other provisions. Our conclusion is that the act is not unconstitutional for any of the reasons urged. The petition described the house with sulfi cient particularity. The judgment overruling the demurrer is A/firmed. 2112 the Zfustiees concur. MCPHAUL v. MCPHAUL, executor, et al. Where one held bond for title for the conveyance of a certain tract of land which he had formerly conveyed to the maker of the bond for title to secure the repayment of money borrowed, and died without having completed the repayment of the loan, though a part...show more

Product details

  • Paperback | 402 pages
  • 189 x 246 x 21mm | 717g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236796012
  • 9781236796011