Reports of Cases at Law, Argued and Determined in the Court of Appeals and Court of Errors of South-Carolina: From December, 1838, to May, 1839, Both Inclusive
Burges & James, 1839 - 535 sider
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Reports of Cases at Law, Argued and Determined in the Court of ..., Volum 2
South Carolina Court of Appeals
Ingen forhåndsvisning tilgjengelig - 2015
action of trover administrator alleged amount assignment assumpsit bill boat bond Butler carrier cause of action Charles Charleston claim Columbia concurred contract court of equity creditors Curia damages debt December decision declaration deed defendant defendant's delivered demand discharge discount Earle eminent domain entitled Evans evidence execution executors fact fendant feoffment freight Gantt grant guaranty held honor Ibid indictment indorser intestate James Dugan John judgment jurisdiction jury found Justices land Lawhon liable locus in quo M'Cord M'Rae matter ment motion negroes nonsuit notice O'Neall offence opinion owner paid party payment person plaintiff plea possession presiding judge principle prisoner proof prosecution proved question rail road recover refused Richardson rule Samuel Ewart sheriff slaves Smith sold statute statute of Anne statute of limitations sufficient suit Term testator tion trespass trial trover try title verdict vessel warranty William Wagner witness writ
Side 508 - ... within four years next after the cause of such actions or suits, and not after...
Side 55 - It is my will and desire that all the rest and residue of my estate of whatever kind and description, not herein specifically devised or bequeathed, shall be sold by the executors of this my last will for ready money...
Side 18 - The difficulty in the case had arisen from not fixing accurately what a court of record is in the eye of the law. That description is confined properly to certain courts in England, and their judgments cannot be controverted. Foreign courts, and courts in England not of record, have not that privilege, nor the courts in Wales, &c. but the doctrine in the case of Sinclair v. Fraser, was unquestionable. Foreign judgments are a ground of action every where, but they are examinable.
Side 315 - If the thing be not capable of actual delivery, there must be some act equivalent to It. The donor must part, not only with the possession, but with the dominion of the property. If the thing given be a chose In action, the law requires an assignment or some equivalent Instrument, and the transfer must be actually executed.
Side 414 - I hold it to be perfectly clear, that Congress cannot confer jurisdiction upon any courts, but such as exist under the Constitution and laws of the United States, although the state courts may exercise jurisdiction in cases authorized by the laws of the state, and not prohibited by the exclusive jurisdiction of the federal courts.
Side 313 - The consideration of blood, or natural love and affection, is sufficient in a deed, against all persons but creditors and bona fide purchasers ; and yet there is no case where a personal action has been founded on an executory contract, where a consideration was necessary, in which the consideration of blood, or natural love and affection, has been held sufficient.
Side 242 - I cannot conceive how this can be matter of law. I can understand, that the law should require, that due diligence shall be used, but that it should be laid down, that the notice must be given that day or the next, or at any precise time, under whatever circumstances, is, I own, beyond my comprehension.
Side 509 - SECTION 24. Where any lands or right of way may be required by the said company for the purpose of constructing their road and for want of agreement as to the value thereof, or from any other cause, the same cannot be purchased from the owner or owners, the same may be taken at a valuation to be made by five commissioners or a majority of them, to be appointed by the Circuit Court of the County where some part of the land, or right of way is situated...