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public duty owing by the defendant which would | ant of plaintiff's intention to show that defend-
"Deliver,” as applied to a telegram, means
*An addressee of a telegram in an action for
-Kirby v. Western Union Telegraph Co. (S. C.)
Special damages for failure to deliver tele-
*Telegram held not to lead telegraph compa-
. ble conveyance sent for her.-Kirby v. Western
tive damages for delay in delivering telegram.--
*The right of action of the sendee of a tele Where a wife received a delayed telegram that
night to her father's home was a voluntary act.
*In the transmission of a telegram, the tele- Cloy y. Western Union Telegraph Co. (8. C.)
the night.-- Cloy v. Western Union Telegraph
*Addressee of message held to have cause of *A petition alleging tender of the amount of
cents she tendered on the date named.--Askew
V. Thompson (Ga.) 854.
Accrual of limitations, see "Limitation of AC
tions," & 2.
Ejection of trespasser, see "Carriers," & 12.
Injuries to trespassers, see "Railroads," $ 7.
Restraining cutting of timber, see “Injunction,"
"Reference," $ 2.
*In trespass, plaintiff cannot
4997, 4998, are recoverable in ejectment in one
Where a woman claimed land as remainder-
man, and alleged that she was the daughter of
the grantee for life, but failed to allege that she
was the daughter of the man whose child under
for_trespass on the land.-Cobb v. Wrightsville
Actual possession held sufficient to authorize
. fa., see "Sheriffs and Constables," 1. action for trespass against a wrongdoer.--South-
ern Ry, Co. v. Thompson (Ga.) 1044.
TRESPASS TO TRY TITLE.
See "New Trial"; "Reference"; "Witnesses,"
Trial of right to property levied on, see “At-
tachment,” $ 5; "Execution," $ 3.
Proceedings incident to trials.
Entry of judgment after trial of issues, see
"Judgment," $ 2.
Place of trial, see "Venue," $ 2.
See "Carriers," $83, 10, 11; "Husband and
Wife," 8 3; "Master and Servant," § 12;
"Municipal Corporations,” § 6; "Railroads,"
$ 4; "Negligence," $ 4.
For compensation of broker, see "Brokers," § 4.
For death of servant, see “Master and Servant,"
For delay in transportation or delivery of ship-
ment, see "Carriers," $ 3.
railroad, see "Railroads," $ 11.
For personal injuries, see “Carriers," $$ 10, 11;
"Highways,". $.2; "Master and Servant,” Š
12; “Municipal Corporations," $ 6.
On insurance policy, see "Insurance," $ 9.
ulent Conveyances," $ 3.
Trial of criminal prosecutions.
See "Criminal Law," $8_16-25; “False Pre-
tenses" ; "Forgery"; "Homicide," $ 6; “Lar.
ceny,” & 2; "Rape," § 1.
For enticing away servant, see "Master and
Servant," $ 14.
For offense against labor contract law, see "Mas *Where there was no conflict in the evidence,
and it demanded a verdict for the defendant,
err in directing one.-Brockhan v. Hirsch (Ga.)
of discretion for the judge to raise the question
*Perplexing questions of fact are for the ju-
*A verdict should not be directed unless there
--Davis v. Kirkland (Ga. App.) 209.
*Where there is any conflict as to any mate-
v. Kirkland (Ga. App.) 209.
*The decision of every issue of fact is es.
*Where plaintiff's evidence supports the case
made by the pleading, it is error to direct a non-
suit.-Adams v. Haigler (Ga. App.) 330.
*Where plaintiff's own
suit was properly granted.--- McCook v. Dublin
laid, the court should award a nonsuit, and, de
fendant having introduced no testimony, the
*If there is any evidence to go to the jury,
*Where a party has in his possession evidence
which would render certain a fact material to
his suecess, otherwise left in doubt, and he
rer to the evidence introduced by his adversary
Kirchner v. Smith (W. Va.) 614.
court and jury in general.
*A requested charge held objectionable as con-
Remarks of counsel to jury, not introducing amount of proof necessary to overcome a rebut-
a statement of counsel that a given fact would
be evidence of another held error.--Georgia Ry,
& Electric Co. v. Baker (Ga. App.) 88.
An instruction in an action against a care
rier for damage to goods shipped held pott
roneous as being an expression of opinion that
*An instruction assuming that certain acts
or omissions pot directly made so by law are
or are not negligence is erroneous.--Atlanta
tition | B. A. L. Ry. Y. McMapus (Ga. App.) 238.
A request to charge held properly refused
erroneously assuming that the evidence disclo
unexplained falling of an engine rod
board Air Line Ry, (N. C.) 993.
i 6. Necessity and subject-matter. not submit the question to the jury.-Southern
*Mere failure, in instructing the jury, to give Ry. Co. v. Broughton (Ga.) 470.
*Failure to present to the jury a contention
not pertinent to any issue is not cause for a
new trial.-Cordele Sash, Door & Lumber Co.
V. Wilson Lumber Co. (Ga.) 860.
*Defendant cannot complain that an abstract
given in charge, where the court made clear
shaw v. Schweizer Mfg. Co. (Ga. App.) 222.
*The charge should be applicable to the issues
*Instructions inapplicable to the pleadings
Where an answer denies title to the land in
controversy in plaintiff and also sets up adverse
on the question of adverse possession.—Langston
*A request to charge is properly denied, where
*In a suit involving a location of the bound-
the heirs of a decedent, an instruction held er-
§ 9. Requests or prayers.
In the absence of written request, it is not
*Held not error to fail to charge that de-
care before entering the crossing when such in-
Failure to charge that, if the negligence of de-
till could not recover, was not cause for new
instructions, a charge in general terms as to a
of damage by fire from an engine held not
ground for a new trial.-Southern Ry, Co. v.
*In an action for killing stock in the absence
of written request, failure to instruct as to
held not error.--Atlantic & B. Ry. Co. v. Smith
(Ga. App.) 542.
*It is not error to refuse a written request
stead v. Waxelbaum & Bro. (Ga. App.) 687;
Same y. Waxelbaum Co. (Ga. App.) CS8.
Applicability to pleadings and A general exception to a charge as not suffi-
ciently full as to the distinction between a cor-
question on a writ of error.-Davidson & Grin-
*Defendant's request to charge held covered
*Point annotated. See syllabus.
*Failure to instruct not to regard evidence as No particular form is required in the submis-
v. Connecticut Mut. Life Ins. Co. (X. C.) 997.
$ 12. Waiver and correction of irregn.
larities and errors.
Failure of the jury to obey a direction of
ject thereto before the verdict was received, if
Sizer & Co, v. G. T. Melton & Sons (Ga.) 1055.
TRIAL OF RIGHT OF PROPERTY.
TROVER AND CONVERSION.
Trust deeds, see "Chattel Mortgages"; "Mort-
& l. Creation, existence, and validity.
Where a wife acknowledged holding the title
*A trust held an active and not a passive
*Trust deed construed, and, if necessary to ef-
certain clause might be transposed and placed
first in the deed.--Pope v. Patterson (S. C) HI.
*Trust deed construed, and intention of grant-
or held not to be to rest the legal title in the
to vest the same in the trustee until a sale of
graptor's request or his death; and, it being
the duty of the trustee to convey on grantor's
request, the statute of uses did not execute the
use. - Pope v. Patterson (S. C.) 945.
such estate passes to the cestui que trust; but,