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 494
... judgment on the following ground : Be- cause there are two counts in 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 ...
... judgment on the following ground : Be- cause there are two counts in 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 ...
Side 508
... judgment Mr. Witherspoon appealed . v . BREVARD , J. It has been contended that there was no legal evidence before the court , that the wit- nesses to the will had ever been examined , touching the execution thereof ; or that the will ...
... judgment Mr. Witherspoon appealed . v . BREVARD , J. It has been contended that there was no legal evidence before the court , that the wit- nesses to the will had ever been examined , touching the execution thereof ; or that the will ...
Side 511
... judgment , sentence , decree , determination , " denial or order of any of the courts of Ordinary , " it shall be lawful for such person or persons to 66 appeal therefrom , to the Court of Common Pleas , " of the district in which the ...
... judgment , sentence , decree , determination , " denial or order of any of the courts of Ordinary , " it shall be lawful for such person or persons to 66 appeal therefrom , to the Court of Common Pleas , " of the district in which the ...
Side 515
... judgment ; from which it appears that the judgment was illegal and unfounded . It is not pos- sible to enact laws , and establish rules , which will embrace every possible case with equal precision . It is no doubt a good rule , that a ...
... judgment ; from which it appears that the judgment was illegal and unfounded . It is not pos- sible to enact laws , and establish rules , which will embrace every possible case with equal precision . It is no doubt a good rule , that a ...
Side 516
... judgment on the demurrer . I am , therefore , of opinion that the judgment on demurrer ought to COLUMBIA , be reversed , and that judgment be for 516 JUDICIAL DECISIONS IN THE COLUMBIA, November Term, 1814. ...
... judgment on the demurrer . I am , therefore , of opinion that the judgment on demurrer ought to COLUMBIA , be reversed , and that judgment be for 516 JUDICIAL DECISIONS IN THE COLUMBIA, November Term, 1814. ...
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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...