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 v
... GRIMKE , 1796 , till December , 1799 : THOMAS WATIES , and ELIHU HALL BAY . In the year 1799 , Judge Burke was appointed a Chancellor upon filling up the vacancies occasioned by the death of Chan- cellor Hudson , and resignation of ...
... GRIMKE , 1796 , till December , 1799 : THOMAS WATIES , and ELIHU HALL BAY . In the year 1799 , Judge Burke was appointed a Chancellor upon filling up the vacancies occasioned by the death of Chan- cellor Hudson , and resignation of ...
الصفحة 1
... Grimke , WATIES and BAY , } Associate Judges . WILLIAM LINING against JAMES BENTHAM , a Justice of the Peace for Charleston District . MOTION for a new trial . This was a special action on the case , against defendant , for oppression ...
... Grimke , WATIES and BAY , } Associate Judges . WILLIAM LINING against JAMES BENTHAM , a Justice of the Peace for Charleston District . MOTION for a new trial . This was a special action on the case , against defendant , for oppression ...
الصفحة 3
... GRIMKE , J. who tried this case , observed , that he con- sidered it as an important one , involving in it the power and authority of the justices of the peace , throughout the state , on the one hand ; and the personal liberty of the ...
... GRIMKE , J. who tried this case , observed , that he con- sidered it as an important one , involving in it the power and authority of the justices of the peace , throughout the state , on the one hand ; and the personal liberty of the ...
الصفحة 20
... GRIMKE , WATIES and BAY . Charleston , MARY WELLS , widow and relict of ROBERT WELLS , de- ceased , against THOMAS MARTIN . Feb. 1796 . The widow of a man who UPON application to the court for a writ , for the ad- was banished ...
... GRIMKE , WATIES and BAY . Charleston , MARY WELLS , widow and relict of ROBERT WELLS , de- ceased , against THOMAS MARTIN . Feb. 1796 . The widow of a man who UPON application to the court for a writ , for the ad- was banished ...
الصفحة 22
... Beaufort district , in the year 1789 , whose husband had been put on the confiscation list in the same manner as Mr. Wells , in which it was deter- mined by GRIMKE , WATIES and DRAYTON , then present 22 CASES DETERMINED IN THE STATE.
... Beaufort district , in the year 1789 , whose husband had been put on the confiscation list in the same manner as Mr. Wells , in which it was deter- mined by GRIMKE , WATIES and DRAYTON , then present 22 CASES DETERMINED IN THE STATE.
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طبعات أخرى - عرض جميع المقتطفات
عبارات ومصطلحات مألوفة
action admitted adverse possession afterwards agreeably alleged appeared assumpsit attachment Attorney-General authority bail bill blockade bona fide purchaser bond bound BURKE cargo cause charge Charleston District 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 equity evidence execution executor favour fendant fraud give given grant GRIMKE ground indictment intention intestate John Ashe Judges present judgment jury justice laid land legislature liable ment mortgage motion negroes nonsuit offence opinion original paid parties person plaintiff plea pleaded Poaug possession presiding judge principles proceedings proper proved purchaser rule of law sheriff shew ship South Carolina statute statute of limitations street suit taken testator testimony tion trespass TREZEVANT trial try title urged usurious verdict vessel WATIES and BAY witnesses writ
مقاطع مشهورة
الصفحة 40 - 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 405 - Judges concurred in opinion, that the verdict should be set aside and a new trial granted ; because, the...
الصفحة ii - District, has deposited in this office the title of a book, the right whereof he claims as proprietor, in the words following, to wit : " THE CHILD'S BOTANY," In conformity to the act of the Congress of the United States, 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 61 - 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 301 - The correct rule of interpretation is, that if divers statutes relate to the same thing, they ought all to be taken into consideration in construing any one of them, and it is an established rule of law, that all acts in pari materia are to be taken together, as if they were one law.
الصفحة 61 - 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 296 - 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 352 - ... 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 46 - 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 296 - Provided, that there be no representation admitted among collaterals, after brothers' 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.