Reports of Judicial Decisions in the Constitutional Court, of the State of South-Carolina: Held at Charleston and Columbia, During the Years 1812, 13, 14, 15, and 16. To which is Added, Two Cases Determined in the Court of Equity in the Year Eighteen Hundred & Twenty-two, Volum 2W.R.H. Treadway, 1823 - 972 sider |
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Side 489
... indictment for a for- cible entry may be maintained . be maintained . And although the possession may have been surreptitiously obtained , yet , if it is maintained by force , the entry will be considered forcible . Otherwise a person ...
... indictment for a for- cible entry may be maintained . be maintained . And although the possession may have been surreptitiously obtained , yet , if it is maintained by force , the entry will be considered forcible . Otherwise a person ...
Side 493
... indictment for the murder of Samuel Hairs . It appeared that the prisoners were committed to gaol in December , 1813. At the spring term , 1814 , whilst in gaol , they demanded their trial under the habeas corpus act . At that term ...
... indictment for the murder of Samuel Hairs . It appeared that the prisoners were committed to gaol in December , 1813. At the spring term , 1814 , whilst in gaol , they demanded their trial under the habeas corpus act . At that term ...
Side 494
... indictment , one of which is a bad one , on which the defendant could not be convicted ; and the jury have found a gen- eral verdict . But a general verdict is good where there is one good count to which the evidence ap- plies . The ...
... indictment , one of which is a bad one , on which the defendant could not be convicted ; and the jury have found a gen- eral verdict . But a general verdict is good where there is one good count to which the evidence ap- plies . The ...
Side 495
... indictment , is a bank corporated bill , and ought to have been so denominated ; and cluded . It that a bank bill is a different thing from a promis- lid excep sory note . Also , that the act of assembly of 1736--7 , the indict could ...
... indictment , is a bank corporated bill , and ought to have been so denominated ; and cluded . It that a bank bill is a different thing from a promis- lid excep sory note . Also , that the act of assembly of 1736--7 , the indict could ...
Side 496
... are considered as representing the money they are severally intended to secure , and are not regarded as chattels . ( 2 East's P. C. 600 , 601. ) Nov. 1813 . V. The indictment in the present case 496 JUDICIAL DECISIONS IN THE.
... are considered as representing the money they are severally intended to secure , and are not regarded as chattels . ( 2 East's P. C. 600 , 601. ) Nov. 1813 . V. The indictment in the present case 496 JUDICIAL DECISIONS IN THE.
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act of Assembly action admitted ALSTON appears assumpsit authorised bank bill bond Bourdieu BREVARD C. B. Cochran CHARLES Charleston City Council claim clause Cochran coin COLCOCK COLUMBIA commission common law concurred constitution contended contract conveyance counterfeit county courts court of equity court of Ordinary court of sessions coverture creditors debt decision declared decree deed defendant dollars dower evidence executor given granted GRIMKE ground Hogg Hort indictment J. P. Thompson James Hogg January Term judgment jurisdiction jury Justices land Laval Legislature loan-office Major Haskell marriage settlements ment motion Mount Thompson NOTT November Term objection offence opinion paid parties passed Paul Thompson payment person plaintiff plea possession presumption proved punishment purchase question RAOUL recorded rule scire facias secretary's office sheriff shew Simons SMITH statute statute of limitations testator tion trial trustees verdict void volumes warrant WINGATE witness writ
Populære avsnitt
Side 801 - Had the Constitution been silent on this head, there can be no doubt that all the particular powers requisite as means of executing the general powers would have resulted to the government by unavoidable implication. No axiom is more clearly established in law, or in reason, than that wherever the end is required the means are authorized; wherever a general power to do a thing is given, every particular power necessary for doing it is included.
Side 802 - State sovereignty would only exist in three cases: where the Constitution in express terms granted an exclusive authority to the Union; where it granted in one instance an authority to the Union, and in another prohibited the States from exercising the like authority; and where it granted an authority to the Union, to which a similar authority in the States would be absolutely and totally contradictory and repugnant.
Side 649 - A WRIT of quo warranto is in the nature of a writ of right for the king, against him who claims or usurps any office, franchise, or liberty, to inquire by what authority he supports his claim, in order to determine the right r.
Side 654 - ... 2. The common law has reserved to itself the exposition of all such acts of parliament as concern either the extent of these courts, or the matters depending before them. And therefore, if these courts either refuse to allow these acts of parliament, or will expound them in any other sense than what the common law puts upon them, the king's courts at Westminster will grant prohibitions to restrain and control them.
Side 660 - Judges of the Supreme Court and the Presidents of the Courts of Common Pleas, shall at stated times, receive for their services an adequate compensation, to be fixed by law, which shall not be diminished during their continuance in office; but they shall receive no fees or perquisites of office, nor hold any other office of profit or trust under the authority of this state or the United States.
Side 591 - A warranty is a covenant real annexed to lands or tenements, whereby a man and his heirs are bound to warrant the same; and, either upon voucher, or by judgment in a writ of warrantia chartce, to yield other lands and tenements (which, in old books, is called in excambio), to the value of those that shall be evicted by a former title, or else may be used by way of rebutter.
Side 486 - IDE, of the said District, hath deposited in this office, the title of a book, the right whereof he claims as proprietor, in the words following, to wit : " Inductive Grammar, designed for beginners. By an Instructer." In conformity to the act of the Congress of the United States...
Side 780 - But as the plan of the Convention aims only at a partial union or consolidation, the State governments would clearly retain all the rights of sovereignty which they before had, and which were not, by that act, exclusively delegated to the United States.
Side 714 - Their judgment, however, shall not extend further than removal from office, disqualification to hold or enjoy any place of honor, trust or profit under this state; but the party so convicted shall, nevertheless, be liable to indictment, trial, judgment, and punishment, according to the laws of the land.
Side 701 - ... and required, upon request made in writing by such person or persons or any on his, her or their behalf, attested and subscribed by two witnesses who were present at the delivery of the same, to award and grant...