Reports of Cases Argued and Determined in the Court of Appeals and Court of Errors of South-Carolina, on Appeals from the Courts of Law, المجلد 5Walker & Burke, printers, 1851 |
عبارات ومصطلحات مألوفة
action adverse possession aforesaid Aiken alleged assignment assumpsit Blackville boiler Brannon brought charged the jury Circuit Judge Colin McRae COLUMBIA common law concurred contract count Court of Equity Crankfield creditors Curia damages debt declaration deed defendant defendant's deputy EVANS evidence execution executors fact father following grounds FROST given guilty Harley Heath Honor erred horse hundred dollars indictment James James Glover James K John Ingram Jones Joseph Edwin Josh judgment Kinsler knife land levy liable Lucy Jane McKenzie Means motion is dismissed Motion refused moved the Court negroes non-suit notice offence paid parties payment Peay person plaintiff plat plea possession prisoner prosecutor proved punishment purchaser question receipt recover sheriff sheriff's sale slaves socage sold statute Strob Sumner Sumter grant sureties testator testimony Tidwell tion told trial trover try title usury verdict W. M. Bobo WARDLAW William WITHERS witness Yongue
مقاطع مشهورة
الصفحة 66 - Forgery at common law has been defined as 'the fraudulent making or alteration of a writing to the prejudice of another man's right
الصفحة 33 - The records and judicial proceedings of the courts of any state, shall be proved or admitted in any other court within the United States, by the attestation of the clerk and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, as the case may be, that the said attestation is in due form.
الصفحة 108 - As a general rule, the action on a contract, whether express or implied, or whether by parol or under seal, or of record, must be brought in the name of the party in whom the legal interest in such contract is vested, and against the party who made it in person or by agent.
الصفحة 9 - An act for taking away the court of wards and liveries and tenures, in capite and by knights service, and purveyance, and for settling a revenue upon his majesty in lieu thereof...
الصفحة 199 - Also, if a dog is not always dangerous, but is likely, as its owner knows, to bite either man or beast only at particular seasons, or under particular circumstances, then, against those seasons and circumstances, and that kind of mischief to be apprehended in them, the owner insures at his peril.
الصفحة 112 - It appears to us, then, that the instrument in this case was, when it first became a binding promissory note, a note payable to bearer ; and, consequently, was properly described in the declaration. This view of the case reconciles the decision of this court in Flight v. Maclean, with that of the Queen's Bench in Wood v. Mytton, but not the reasons given for those decisions. In the case in this court, the declaration was bad on special demurrer, as it did not set out the legal effect of the instrument.
الصفحة 12 - But, if it appear before the defendant has pleaded, or the jury are charged, that he is to be tried for separate offences, it has been the practice of the Judges to quash the indictment, lest it should confound the prisoner in his defence, or prejudice him in his challenge of the jury; for he might object to a juryman's trying one of the offences, though he might have no reason to do so in the other. But these are only matters of prudence and discretion. If the Judge • who tries the prisoner does...
الصفحة 9 - ... such maid or woman child (having the custody or governance of such child, if the father be dead) by secret letters, messages, or otherwise contract matrimony with any such maiden or woman child, except such contracts of matrimony as shall be made by the consent of such person or persons, as by the title of wardship shall then have or be entitled to have the marriage of such maid or woman child ; that then every such person or persons so offending, being thereof lawfully convicted, as is aforesaid,...
الصفحة 57 - Also, it is certain, that it is a very high offence to challenge another either by word or letter to fight a duel, or to be the messenger of such a challenge ; or even barely to endeavour to provoke another to send a challenge, or to fight ; as by dispersing letters to that purpose, full of reflections, and insinuating a desire to fight.
الصفحة 12 - On the face of an indictment, every count imports to be for a different offence, and is charged as at different times ; and it does not appear on the record whether the offences are or are not distinct. But if it appear, before the defendant has pleaded or the jury...