Reports of Cases Argued and Determined in the Superior Courts of Law in the State of South Carolina: Since the RevolutionI. 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, 1809 |
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الصفحة 6
... action of assault and battery . But if he exceeds the bounds of moderation , and makes use of un- reasonable or dangerous weapons , he then becomes respon- sible to the mariner , in damages . That although the cabin of a ship is ...
... action of assault and battery . But if he exceeds the bounds of moderation , and makes use of un- reasonable or dangerous weapons , he then becomes respon- sible to the mariner , in damages . That although the cabin of a ship is ...
الصفحة 8
... action of trover , tried at Charleston , in A privateer , as prize , in a it seems , was fitted out in North - Carolina during the late miralty , pre- revolutionary war , and in the course of a cruise against the common enemy , the crew ...
... action of trover , tried at Charleston , in A privateer , as prize , in a it seems , was fitted out in North - Carolina during the late miralty , pre- revolutionary war , and in the course of a cruise against the common enemy , the crew ...
الصفحة 16
... delay , she had her action , which was her pro- per remedy . In the present case , she had assessed her own count against each other . damages , and decided that a breach of contract had 16 CASES IN THE SUPERIOR COURTS.
... delay , she had her action , which was her pro- per remedy . In the present case , she had assessed her own count against each other . damages , and decided that a breach of contract had 16 CASES IN THE SUPERIOR COURTS.
الصفحة 36
... action sounding in damages , exercised a kind of chan- cery power , and had given their verdict in that manner , so as to divide the loss , which the defendant was willing to submit to . Besides , if ever the plaintiff was called upon ...
... action sounding in damages , exercised a kind of chan- cery power , and had given their verdict in that manner , so as to divide the loss , which the defendant was willing to submit to . Besides , if ever the plaintiff was called upon ...
الصفحة 51
... action of covenant , for a specific performance , where the sum is fixed and ascertained , and the jury cannot give less . This , how- ever , is not the case . The action is assumpsit for the re- covery of 47,410 . old currency , on a ...
... action of covenant , for a specific performance , where the sum is fixed and ascertained , and the jury cannot give less . This , how- ever , is not the case . The action is assumpsit for the re- covery of 47,410 . old currency , on a ...
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عبارات ومصطلحات مألوفة
act of assembly action admitted affidavit afterwards appeared assignment assumpsit bail bill of exchange bond Charleston chose in action clause commissioners common law contended contract counsel counterfeit county court court of wardens covenant creditors damages debt debtor deed defendant defendant's discount district dower drawer entitled evidence execution Executors fraud give given GRIMKE ground hands heirs Heyward indictment indorsement insolvent intention judges judgment jurisdiction jury justice Kennedy land legislature levy liable Lord Mansfield ment mortgage motion negotiable negroes Ninety-six District obligation obligor offence opinion original paid party passed payable payment person Pinckney plaintiff pleaded present principles Pringle prisoner promissory notes proved purchase question reason recover rule Rutledge scire facias sheriff shew sold South-Carolina statute statute of Anne statute of frauds suit Term testator thing tion tract trial trover usurious verdict void warranty WATIES witnesses words
مقاطع مشهورة
الصفحة 151 - Ohio ; and all prosecutions shall be carried on in the name and by the authority of the state of Ohio ; and all indictments shall conclude against the peace and dignity of the same.
الصفحة 406 - Courts of equity from the earliest times thought the doctrine too absurd for them to adopt ; and, therefore, they always acted in direct contradiction to it. And we shall soon see that courts of law also altered their language on the subject very much.
الصفحة 76 - No bill of attainder, ex post facto law, or law impairing the obligation of contracts, shall ever be passed.
الصفحة 175 - A fair voluntary conveyance may be good against creditors, notwithstanding its being voluntary. The circumstance of a man being indebted at the time of his making a voluntary conveyance, is an argument of fraud. The question, therefore, in every case is, whether the act done is a bona fide transaction, or whether it is a trick and contrivance to defeat creditors.
الصفحة 98 - We are, therefore, bound to give such construction to this enacting clause of the Act of 1788, as will be consistent with justice and the dictates of natural reason, though contrary to the strict letter of the law...
الصفحة 507 - If the thing of which she is endowed be divisible, her dower must be set out by metes and bounds ; but if it be indivisible, she must be endowed specially ; as of the third presentation to a church, the third toll-dish of a mill, the third part of the profits of an office, the third sheaf of tithe, and the like (e).
الصفحة 60 - So if a man take a horse from another, and bring him back again, an action of trespass will not lie against his executor, though it would against him; but an action for the use and hire of the horse will lie against the executor.
الصفحة 98 - In the present instance, we have an act before us, which, were the strict letter of it applied to the case of the present claimants, would be evidently against common reason. But we would not do the legislature who passed this act so much injustice as to sit here and say that it was their intention to make a forfeiture ot property brought in here as this was.