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 2
... reasons and grounds for the exercise of such a neces- sary act of power . It was further urged on behalf of the defendant , that the superior courts of law were bound to protect magistrates and the inferior tribunals established in the ...
... reasons and grounds for the exercise of such a neces- sary act of power . It was further urged on behalf of the defendant , that the superior courts of law were bound to protect magistrates and the inferior tribunals established in the ...
الصفحة 17
... reason could be assigned , why the state as a public body , should be protected in a fraud committed ( though unintentionally ) by any person acting under its authority , any more than an individual citizen under similar circumstances ...
... reason could be assigned , why the state as a public body , should be protected in a fraud committed ( though unintentionally ) by any person acting under its authority , any more than an individual citizen under similar circumstances ...
الصفحة 50
... reason of things , arising from their fitness to answer great and beneficial ends and purposes . And hence it follows , that what has been long in use , and what has been observed for a long time , is in itself useful and just , and ...
... reason of things , arising from their fitness to answer great and beneficial ends and purposes . And hence it follows , that what has been long in use , and what has been observed for a long time , is in itself useful and just , and ...
الصفحة 58
... reasons . He admitted the right of the state to take the property of an individual , for purposes of public necessity , or even for public utility ; but in exerci- sing this power , it was essential to its validity , that a full ...
... reasons . He admitted the right of the state to take the property of an individual , for purposes of public necessity , or even for public utility ; but in exerci- sing this power , it was essential to its validity , that a full ...
الصفحة 65
... reasons , they contended that the assessment should be made on the city only . The power of the legislature to pass the act was not call- ed in question , but admitted on all hands ; the only matter in dispute was the mode of making the ...
... reasons , they contended that the assessment should be made on the city only . The power of the legislature to pass the act was not call- ed in question , but admitted on all hands ; the only matter in dispute was the mode of making the ...
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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.