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 10
... forward . Present , BURKE , WATIES and BAY . * This has often been determined in cases where the statute of limitations Kas been pleaded . THE STATE against THEODORE GAILLARD , JOHN BULL Charleston and 10 CASES DETERMINED IN THE STATE.
... forward . Present , BURKE , WATIES and BAY . * This has often been determined in cases where the statute of limitations Kas been pleaded . THE STATE against THEODORE GAILLARD , JOHN BULL Charleston and 10 CASES DETERMINED IN THE STATE.
الصفحة 22
... statute regulations of the state , were properly to be considered only as supplementary to the common law , which was not to be altered by construction or implication , but by express terms . There was nothing , however , in the act of ...
... statute regulations of the state , were properly to be considered only as supplementary to the common law , which was not to be altered by construction or implication , but by express terms . There was nothing , however , in the act of ...
الصفحة 23
... statute of usury . The report of the presiding judge was as follows : count for mo- That on the trial of the cause , Mr. House , a broker , was received . called to prove the usurious transaction in its origin ; but who negotia- he was ...
... statute of usury . The report of the presiding judge was as follows : count for mo- That on the trial of the cause , Mr. House , a broker , was received . called to prove the usurious transaction in its origin ; but who negotia- he was ...
الصفحة 24
... statute against usury would become a dead letter . Those kinds of transactions , he said , were generally done in so ... statute , which was a transcript of the statute of Anne , and was a remedial one , to prevent usurious practices ...
... statute against usury would become a dead letter . Those kinds of transactions , he said , were generally done in so ... statute , which was a transcript of the statute of Anne , and was a remedial one , to prevent usurious practices ...
الصفحة 30
... statute . It was true , he admitted , that a man having an absolute right and power over his own property , might sell or dispose of it upon what terms he pleased , or even give it away , if he thought proper , where it was not to ...
... statute . It was true , he admitted , that a man having an absolute right and power over his own property , might sell or dispose of it upon what terms he pleased , or even give it away , if he thought proper , where it was not to ...
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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.