Reports of Cases at Law, Argued and Determined in the Court of Appeals and Court of Errors of South Carolina ... from November 1842 to [May 1844] ... Both Inclusive, Volume 2A. S. Johnston, 1844 - Law reports, digests, etc |
From inside the book
Results 1-5 of 100
Page 25
... sufficient to punish past offences , but not to prevent future mischief ; for during the pending of the indictment , the officer might still go on in repeating acts of official misconduct . His official functions are not ipso facto ...
... sufficient to punish past offences , but not to prevent future mischief ; for during the pending of the indictment , the officer might still go on in repeating acts of official misconduct . His official functions are not ipso facto ...
Page 27
... sufficient to sub- serve the ends of public justice , and to protect private right from official misconduct . But we do not think they were ever intended to deprive the Judges of the Superior Courts of some of the powers inseparably ...
... sufficient to sub- serve the ends of public justice , and to protect private right from official misconduct . But we do not think they were ever intended to deprive the Judges of the Superior Courts of some of the powers inseparably ...
Page 28
... sufficient to punish past offences , but not to prevent future mischief ; for during the pending of the indictment , the officer might still go on in repeating acts of official misconduct . His official functions are not ipso facto ...
... sufficient to punish past offences , but not to prevent future mischief ; for during the pending of the indictment , the officer might still go on in repeating acts of official misconduct . His official functions are not ipso facto ...
Page 49
... sufficient to rebut the presump- tion , that the constable had collected on process , arising from the judgment against him ; and his Honor should so have charged the jury , in favor of Adams , the security . 2. Because his Honor ...
... sufficient to rebut the presump- tion , that the constable had collected on process , arising from the judgment against him ; and his Honor should so have charged the jury , in favor of Adams , the security . 2. Because his Honor ...
Page 50
... sufficient prima facie shewing , to cast the burden of proof on the other side . The inquiry then is , whether the record in the case of Howard vs. Temples , does establish any official default . To that action , Temples , it is said ...
... sufficient prima facie shewing , to cast the burden of proof on the other side . The inquiry then is , whether the record in the case of Howard vs. Temples , does establish any official default . To that action , Temples , it is said ...
Common terms and phrases
absent debtor action aforesaid alleged amount appeal assumpsit attachment attorney authority bail bank bill bond BUTLER charged the jury Charleston chose in action claim clerk commissioners common law concurred contract court Court of Equity covenant creditors Curia damages death debt declaration deed defendant defendant's discharge dollars endorsed entitled EVANS evidence execution executor fact fendant following grounds garnishee granted hardpan held indictment intended interest issue John judgment jurisdiction land liable mandamus ment mortgage motion negroes non-suit O'NEALL offence ordinance paid party payment person plaintiff plea plead possession presiding Judge Prison Bounds proof proved purchase question recover refused rent resident RICHARDSON Robert Cathcart rule sheriff shew slave sold South Carolina Stat statute suit term testator tiff tion tract trial try titles usury verdict vessel Waller WARDLAW William Mayrant witness words writ
Popular passages
Page 457 - America, to be paid to the said or his certain attorney, executors, administrators, or assigns: to which payment well and truly to be made, I bind myself, my heirs, executors, and administrators, firmly by these presents.
Page 762 - ... no man shall be deprived of his liberty or property, but by the judgment of his peers, or the law of the land...
Page 291 - That no contract for the sale of any goods, wares, and merchandises, for the price of ten pounds sterling or upwards shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part...
Page 309 - EL 144, sec. 5), which provides that the death of either party between verdict and judgment shall not be alleged for error, so as the judgment be entered within two terms after the verdict; nor within the act of April 15, 1814 (Sess.
Page 290 - In witness whereof, the master or purser of the said ship hath affirmed to three bills of lading, all of this tenor and date, one of which being accomplished, the other two to stand void.
Page 654 - Junior, his heirs and assigns, forever, and I do hereby bind myself, my heirs, executors and administrators, to warrant and forever defend...
Page 291 - ... the buyer shall accept part of the goods or choses in action so contracted to be sold or sold, and actually receive the same, or give something in earnest to bind the contract, or in part payment, or unless some note or memorandum in writing of the contract or sale be signed by the party to be charged or his agent in that behalf.
Page 481 - And if there be two or more plaintiffs or defendants, and one or more of them shall die, if the cause of action shall survive to the surviving plaintiff or plaintiffs, or against the surviving defendant or defendants...
Page 320 - ... whereof the said plaintiff hath above thereof complained against him the said defendant; and this he the said defendant is ready to verify; wherefore he prays judgment, if the said plaintiff ought to have or maintain his aforesaid action thereof against him, &c.
Page 548 - Heuce it appears that the reason of the decision in these and other similar cases, besides the inequality of the damages, seems to be, that •where a person has received a part of the consideration for which he entered into the agreement, it would be unjust that because he has not had the whole, he should therefore be permitted to enjoy that part without either paying or doing any thing for it.