Historical Treatises

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  The History of Georgia in the Eighteenth Century, As Recorded in the Reports of the Georgia Bar Association

  Orville A. Park

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  A Manual on Land Registration

  Arthur Gray Powell

  Excerpt from the preface:

  I decided that my labors would prove most useful if I attempted to write a practical, rather than a learned treatise on the subject. While the subject is one that might bear much fruit under learned treatment, still what the present moment most demands is a practical handbook which will inform the profession and the officers who are to administer the law what to do and how to do it, when a landowner comes seeking to register his land.

  There has been no effort at style, except that I have striven to state matters in a plain understandable way and in language that a layman can understand. I have not hesitated to use repetition, either of words or of ideas, where I felt that the same would give either greater clearness or greater emphasis.

  But few cases are cited. On the immediate subject, naturally there are no local cases to cite, since the Act has not yet gone into effect. A few cases have arisen in other states involving the constitutionality of similar statutes, and the leading of these cases have been cited. Most of the other cases which might be cited on the general subject relate to points of practice, dependent for the most part on the construction of the peculiar language of local statutes, and I have not thought it worth while to cite them. However, any one desiring to examine these cases will find them briefed in L. R. A., 1916D, pp. 14 et seq. Many of them are cited in the notes accompanying the American Uniform Land Registration Act which is reproduced in the Appendix.

  I have not hesitated to express an opinion here and there as to the proper construction or as to the effect of the various sections of the Act. These opinions may be taken for what they are worth. I put them forth without recourse or warranty, except that they are genuine and delivered in good faith.

  • A.G.P., Atlanta, September 1917.
    

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  Gober's Georgia form book and procedure, a collection of legal forms with annotations from the reports of the Supreme Court and the Court of Appeals of Georgia on questions relating to forms and procedure; prepared for the use of the judiciary, the bar, the officers of court, and business me

  George Fletcher Gober

  Excerpt from the preface:

  The work of preparing this volume has developed out of all proportion to what I anticipated in the outset. The great trouble under our system is that there are so many things that are not fixed and determined. Our system of pleading provides that a party must plainly, fully and distinctly set forth his cause of action, and this leaves the form to be passed upon under the discretion of about one hundred trial judges in the City and Superior Courts, and this discretion, in many instances, is controlled by individual and particular ideas. For this reason, a form must be broad, since a precise and exact form needs its author to defend it when it is passed upon under such discretion. For this reason, it has been thought a better plan to present as much as possible forms that have been used, and to a certain extent have met with the approval of the profession, rather than to present radical changes.

  • Geo, E. Gobee. Atlanta, Ga., April 17, 1917.

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  A Treatise on the Constitution of Georgia

  Walter McElreath

  Excerpt from the preface:
  
  Every thorough lawyer and careful judge in Georgia has experienced great difficulty in tracing the history of constitutional provisions through the scattered and rare volumes of digests, codes and sessions laws and has suffered great inconvenience in ascertaining with certainty what was the organic law with respect to a given proposition at a given time. To remove this difficulty and to lessen this inconvenience, the preparation of the present work was undertaken, with the primary purpose to exhibit the fundamental law of the state,-not to furnish a commentary upon it. It was at first proposed only to collect the several constitutions and their amendments and to arrange them in chronological order and to follow these with the present Constitution in its amended form with notes to such of its paragraphs as had been construed by the courts of last resort, citing only a few leading cases.
  
  

  - Walter McElreath. Atlanta, Ga., November 15, 1911.

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  The Revolutionary Records of the State of Georgia, Vol. I

  Alan D. Candler

  This compilation contains all authentic records and documents relating to. the Revolutionary period of Georgia history that the compiler has been able to find after a most careful, thorough and diligent search. While it is not presented as a complete compilation, it is believed that it contains most of the official records made during the period of which it treats, certainly all that are now in existence, and to supply the place of original papers not now in existence, well authenticated copies and extracts from contemporaneous publications have been utilized.

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  The Revolutionary Records of the State of Georgia, Vol. II

  Alan D. Candler

  This compilation contains all authentic records and documents relating to. the Revolutionary period of Georgia history that the compiler has been able to find after a most careful, thorough and diligent search. While it is not presented as a complete compilation, it is believed that it contains most of the official records made during the period of which it treats, certainly all that are now in existence, and to supply the place of original papers not now in existence, well authenticated copies and extracts from contemporaneous publications have been utilized.

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  The Revolutionary Records of the State of Georgia, Vol. III

  Alan D. Candler

  This compilation contains all authentic records and documents relating to. the Revolutionary period of Georgia history that the compiler has been able to find after a most careful, thorough and diligent search. While it is not presented as a complete compilation, it is believed that it contains most of the official records made during the period of which it treats, certainly all that are now in existence, and to supply the place of original papers not now in existence, well authenticated copies and extracts from contemporaneous publications have been utilized.

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  The law of personal injuries and incidentally damage to property by railway-trains, based on the statutes and decisions of the Supreme Court of the state of Georgia

  John L. Hopkins

  From the front matter:

  Testimonials From the Chief Justice and Associate Justices of the Supreme Court of Georgia

  Atlanta, May 22, 1902.

  We have given the book prepared by Hon. John L. Hopkins, entitled "The Law of Personal Injuries," etc., a sufficient examination to enable us to say, without hesitation, that it is a work of great merit and utility. It will surely save the hard-worked judge and busy lawyer much time and labor by making the decisions of this court, bearing on the subjects treated, readily accessible in available form. The distinguished author's wel1 - executed plan of grouping together all kindred decisions shows the relative value and importance of each, and makes apparent the true state of the law. The code sections are given in their integrity, and in many instances, where confusion in their construction has arisen or may occur, their contents are accurately restated, so as to make plain their real intent and meaning. The index is exhaustive and admirably arranged, and the table of contents, which sets forth the general scope of the work, will facilitate finding the law relating to any special subject. The table of cases will enable one to follow any particular case through the book. It is manifest that a vast amount of patient, painstaking and conscientious labor has been bestowed upon this volume; and as a result, the judges of our trial courts and the profession have at hand a book the use of which will prevent errors in the hurry necessarily incident to nisi prius proceedings, and this court has been furnished a much-desired aid in the prosecution of its arduous labors. Judge Hopkins has made a timely and most valuable contribution to the law of personal injuries and tortious homicide, We most heartily commend it to our brethren of the bench and bar.

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  The Georgia form book, or, A collection of legal forms under Georgia law : designed to aid attorneys-at-law, judges, ordinaries, clerks, coroners, sheriffs, justices of the peace, constables, road commissioners, etc, etc., as well as business men in general

  Silman & Thompson

  Excerpt from the preface:

  Testimonials.

  Atlanta, Ga., September 26th, 1881.

  Under special employment for the purpose, by Messrs. Silman & Thompson, I have carefully examined the collection of legal forms which they have prepared. As a result of the examination, I can and do recommend these Forms, each and all, as safe and sufficient. They are calculated to serve the wants, not only of attorneys at law, Ordinaries, County Commissioners, Clerks, Sheriffs, Coroners, Justices of the Peace, and others engaged in administering the law or executing its process, but, also, in some degree, of business men in general, such as merchants, bankers, brokers, factors, etc. Even mechanics, planters, farmers, and their employees, may consult them with advantage, and on many occasions save time and expense bjr using them. I think they may be followed with confidence—with full reliance upon their accuracy.

  • L. E. Bleckley.
    

  The Joint Committee of the Senate and House of Representatives, appointed under the resolution of December 3d, 1880, to examine and report upon the Hand Book of Legal Forms, prepared by Messrs. Silman & Thompson, of the county of Jackson, submit the following report: The manuscript was presented to the committee after the commencement of the present adjourned session of the General' Assembly. It was divided by the authors into five parts, one of which was thorouglily and critically examined by each member of the committee» after which the whole work underwent such examination as the limited time and opportunity would permit. The committee are satisfied from, this examination that the forms contained in this volume are safe and sufficient, as well as concise and accurate, and are therefore adapted to the general wants of those who wish to use legal forms.

  • H. D. McDaniei.,
    
  • W. P. Price,
    
  • Henry Hillyer,
    
  • J. B. Estes,
    
  • Pope Barrow.

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  A treatise on the law of executors, administrators, and guardians

  William M. Reese

  From the preface:

  On account of the many changes made in the Laws of Georgia relating to Executors, Administrators and Guardians, and on account of the codification of the same, I have, upon the request of many valued friends, prepared this work. It might be styled a third edition of the Manual for Ordinaries, Executors, Administrators and Guardians, in the State of Georgia; yet, as this work is of more than a local application, I have changed the title of it, following the example of Redfield, Smith, North, and others. In the citation of Sections of Code, I have followed the numbers given in the Code of 1873. I have not followed the location of the Sections of the Code as found in the Code of 1873, preferring to place together such Sections as relate to the same matters, fcvery one at all familiar with the Code has noticed a great defect in the separation of Sections belonging together. Besides all of the Sections of the Code referring to Executors, Administrators and Guardians, there will be found in this work all of the acts of the Legislature since 1873; referring to them; all of the decisions of the Supreme Court of Georgia embraced in volumes one to sixty-one, inclusive, carefully selected and quoted, and many valuable comments from distinguished authors referring to the law of Executors, Administrators and Guardians. The forms found in the Appendix, over one hundred and sixty in number, will be found very full and accurate. With the aid of these forms, and of the law preceding them, the extensive and important business of the Court of Ordinary (or Surrogate or Probate, as elsewhere named), may be transacted as early and accurately as that of the Superior Courts of the State.

  • W. M. REESE. Washington, Ga., May, 1880.

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  Legal forms for common use in Georgia : embracing over four hundred approved precedents, for affidavits, agreements, bills of sale, deeds, notes, etc., etc., also, forms in judicial proceedings, arbitrations, attachments, orders, process, pleading, probate of deeds, rules, wills, etc., etc., with others to guide attorneys, magistrates, justices of the Inferior Court, constables, sheriffs, ordinaries, clerks, etc., etc., in the many duties required of them by law : to which is added an appendix containing the statutory provisions as to county officers, magistrates, and elections, the rules of court, and the Constitution of Georgia

  John B. Hines and Richard K. Hines

  Excerpt from the preface:

  The object of the present volume is to furnish the legal profession, magistrates, county officers, and private citizens of this State, with a plain, accurate, and complete Form Book, which shall be cheap in price, and convenient in size, and so arranged that any one, however ignorant of such formulas, can use it when the occasion presents itself. Added to the forms, in the body of the work, are such directions and suggestions as it was supposed would be useful. In the Appendix are the statutory enactments of our State in regard to county .officers, magistrates, taxes, and elections, together with the rules of Court and the Constitution of Georgia. As it would have altered the plan of the work to have attempted to digest the laws upon subjects not treated of, or to have added annotations of judicial decisions, it has not been done, although it no doubt would have proven an addition to the work. If need be, this could be added to any future edition.

  The original edition was published in Macon in 1853, met with a ready sale,- and was soon exhausted. This success led the author of the work to entertain the idea of another edition, and he had prepared some matter for it, but sold the copyright in 1854 to the present proprietor, without finishing the preparation necessary for it. This, and his decease in 1856, made it necessary for the present editor to complete the work. The reader is not expected to care much as to the paternity of the work, and hence no mark has been fixed by which the labors of the two compilers can be separated; the comparison of the two editions will, however, easily distinguish them.

  The forms given are such as have been approved by our Supreme or Superior Courts, or taken from the best books of precedents, and, in some cases, from models furnished by cases in Court, drawn by practitioners of the best position. Many of them were used in the office of my father for thirty years, in his extensive practice in Milledgeville and Macon, and his correctness and research will no doubt guaranty them in the estimation of the people of Georgia, among whom he he had so many warm personal friends and admirers.

  • Albany, Georgia, July 1st, 1858.

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  A compilation of legal forms in use in the state of Georgia, the rules of practice, and state papers

  Howell Cobb

  From the front matter:

  I have examined your Compilation of Legal Forms, with as much attention as one perusal would allow. The forms and precedents are well selected, and such as are of most frequent use in business transactions, and a portion of them such as, I believe, cannot be found in any other compilation. Such portions of the work as must depend, for their correctness, upon the care of - the publisher, I have not thought it necessary to examine, as they are., already before .the public, but in detached and separate books, and embraced in your work for the greater convenience of reference. I am of opinion, sir, that your compilation will be found a safe and convenient help to the man of business, and occasionally, even to the members of the legal profession.

  • ANGUS. M. D. KING.

  Forsyth, August, 1841.

  I have also examined the compilation of Legal forms, by Col. Howell Cobb, and concur in the above opinion of the work, as given by Judge King.

  • Z. E. HARMAN.