Reports of Cases Argued and Determined in the Superior Courts of Law in the State of South-Carolina, Since the Revolution [1783-1804], المجلد 2I. Riley. For sale by E. Morford, Willington & Company Charleston; Seymour & Williams, Savannah; Lewis Adams, Richmond; Cole & Thomas, Baltimore; P. Byrne, Philadelphia; R. M'Dermut, and S. Gould, New-York; John West, & Company Boston; Daniel Johnson, Portland, 1811 |
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الصفحة 9
... agreeably to their seniority ; otherwise it might be in the power of the sheriff to vary the right of the parties , and to give a preference to which of them he plea- sed , by serving one or the other first , as he thought proper . The ...
... agreeably to their seniority ; otherwise it might be in the power of the sheriff to vary the right of the parties , and to give a preference to which of them he plea- sed , by serving one or the other first , as he thought proper . The ...
الصفحة 87
... agreeably to law . This cause was argued by Mr. E. Rutledge , in favour of the present applicant , Mr. Greenwood , and by Mr. Ford , on the part of the younger creditors . Greenwood V. Bocquet . For the plaintiff it was argued OF SOUTH ...
... agreeably to law . This cause was argued by Mr. E. Rutledge , in favour of the present applicant , Mr. Greenwood , and by Mr. Ford , on the part of the younger creditors . Greenwood V. Bocquet . For the plaintiff it was argued OF SOUTH ...
الصفحة 124
... agreeably to the terms of the old attachment act . agreeable to the old at- tachment act of 1744 The rules and A motion was made , by Mr. McCall , to set aside this practice of judgment because there had been no previous order of the ...
... agreeably to the terms of the old attachment act . agreeable to the old at- tachment act of 1744 The rules and A motion was made , by Mr. McCall , to set aside this practice of judgment because there had been no previous order of the ...
الصفحة 125
... agreeably to the attachment act ; and this act required no such order , but made the garnishee liable on making default , in not making his return on oath , on the return of the writ . He admitted , that the county court act required an ...
... agreeably to the attachment act ; and this act required no such order , but made the garnishee liable on making default , in not making his return on oath , on the return of the writ . He admitted , that the county court act required an ...
الصفحة 126
... agreeably to the terms of this last - mentioned act . Rule to set aside the judgment discharged . Present WATIES and BAY ; BURKE and GRIMKE , not present at the argument , but afterwards concurred in this decision . Charleston District ...
... agreeably to the terms of this last - mentioned act . Rule to set aside the judgment discharged . Present WATIES and BAY ; BURKE and GRIMKE , not present at the argument , but afterwards concurred in this decision . Charleston District ...
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عبارات ومصطلحات مألوفة
action admitted adverse possession affidavit afterwards agreeably alleged appeared assumpsit Attorney-General authority bill blockade bona fide purchaser bond bound BURKE cargo cause charge Charleston District circuit court claim clause Columbia commissioners common law construction contended contract counsel court of equity coverture creditors damages debt debtor declaration deed defendant defendant's determined discharged entitled evidence execution executor favour feme covert fendant fraud give given grant GRIMKE ground indictment intention intestate Judge BAY Judges present judgment jury justice laid land legislature liable ment mortgage motion negroes nonsuit offence opinion original paid parties payment person plaintiff plea pleaded Poaug port possession presiding judge principles proceedings proved purchaser refused rule of law sheriff shew ship South Carolina statute statute of limitations suit taken testator testimony tion trespass TREZEVANT trial try title usury verdict vessel WATIES and BAY witnesses writ
مقاطع مشهورة
الصفحة 38 - That no man shall be taken or imprisoned, or disseized of his freehold, liberties, or privileges, or outlawed, or exiled, or in any manner destroyed, or deprived of his life, liberty, or property, but by the judgment of his peers or the law of the land.
الصفحة ii - POMEROY, of the said District, hath deposited in this Office the title of a Book, the right whereof he claims as Proprietor, in the words following, to wit : . . "Biography of the Signers to the Declaration of Independence.
الصفحة ii - Conformity to the Act of the Congress of the United Stales, entitled, " An Act for the encouragement of Learning, by securing the copies of Maps, Charts, and Books, to the Authors and Proprietors of such copies during the times therein mentioned.
الصفحة 59 - In exercising this high authority, the judges claim no judicial supremacy; they are only the administrators of the public will. If an act of the legislature is held void, it is not because the judges have any control over the legislative power, but because the act is forbidden by the Constitution, and because the will of the people, which is therein declared, is paramount to that of their representatives expressed in any law.
الصفحة 294 - And in case there be no children nor any legal representatives of them, then one moiety of the said estate to be allotted to the wife of the intestate, the residue of the said estate to be distributed equally to every of the next of kindred of the intestate, who are in equal degree and those who legally represent them. VII. Provided, that there be no representations admitted among collaterals after brothers
الصفحة 354 - ... object of the Statute concerning Forcible Entries, is to afford parties, whose possession is disturbed by force and violence, a summary remedy. This object would be entirely defeated if a defendant, after judgment, could, by transferring the possession to a stranger, prevent the execution of the writ. "If it were once permitted for a defendant, against whom there was a judgment on a forcible entry and detainer, to put in a third person, or for a third person to enter afterwards, with a view of...
الصفحة 44 - However the acquisition be made, the right which each individual has to his own estate is always subordinate to the right which the community has over all: without this, there would be neither stability in the social tie, nor real force in the exercise of Sovereignty.
الصفحة 59 - He said, it was painful to him to be obliged to question the exercise of any legislative power, but he was sworn to support the constitution, and this was the most important of all the duties which were incumbent on the judges. On the faithful performance of this high duty would depend the integrity and duration of our government. If the legislature is permitted to exercise other rules than those ordained by the constitution, and if innovations are suffered to acquire the sanction of time and practice,...
الصفحة 60 - ... only the administrators of the public will. If an act of the legislature is held void, it is not because the judges have any control over the legislative power, but because the act is forbidden by the constitution, and because the will of the people, which is therein declared, is paramount to that of their representatives, expressed in any law. As the act under consideration appeared to him to be repugnant to this high will, he was bound to say, that it ought not to have any operation, and that...
الصفحة 294 - ... and sisters' children ; and in case there be no wife, then all the said estate to be distributed equally to and amongst the children ; and in case there be no child, then to the next of kindred in equal degree of or unto the intestate, and their legal representatives as aforesaid, and in no other manner whatsoever.