Reports of Cases at Law, Argued and Determined in the Court of Appeals and Court of Errors of South Carolina ... from November 1842 to [May 1844] ... Both Inclusive, Том 2A. S. Johnston, 1844 |
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Страница 1
... O'NEALL , ( L J. J. EVANS , A. P. BUTLER , D. L. WARDLAW . The Hon . B. J. EARLE was absent from ill health , and resigned du- ring this term . The vacancy was filled by the election of the Hon . ED- WARD FROST , but he did not take his ...
... O'NEALL , ( L J. J. EVANS , A. P. BUTLER , D. L. WARDLAW . The Hon . B. J. EARLE was absent from ill health , and resigned du- ring this term . The vacancy was filled by the election of the Hon . ED- WARD FROST , but he did not take his ...
Страница 13
... O'NEALL , BUTLER and WARDLAW , JJ . concurred . RICHARDSON , J. dissenting . That there is no warran- ty by the ordinary , personally , in his sales of lands for the distribution of the estates of intestates , may be considered good law ...
... O'NEALL , BUTLER and WARDLAW , JJ . concurred . RICHARDSON , J. dissenting . That there is no warran- ty by the ordinary , personally , in his sales of lands for the distribution of the estates of intestates , may be considered good law ...
Страница 17
... O'NEALL , EVANS and BUTLER , J J. con- curred . James R. Hinds and wife vs. Nathan Evans . 1. Preliminary to the offer of an office copy of a deed in evidence , and to establish its loss , the plaintiffs called the Clerk of the Court ...
... O'NEALL , EVANS and BUTLER , J J. con- curred . James R. Hinds and wife vs. Nathan Evans . 1. Preliminary to the offer of an office copy of a deed in evidence , and to establish its loss , the plaintiffs called the Clerk of the Court ...
Страница 25
... O'NEALL , EVANS and WARDLAW , JJ . concurred . RICHARDSON , J. dissenting . I dissent , and considering the principle involved practical and important , offer the following reasons : If The mode of proceeding in criminal cases , is ...
... O'NEALL , EVANS and WARDLAW , JJ . concurred . RICHARDSON , J. dissenting . I dissent , and considering the principle involved practical and important , offer the following reasons : If The mode of proceeding in criminal cases , is ...
Страница 26
... O'NEALL , EVANS and WARDLAW , J J. con- curred . The State vs. Jesse Williams . 1. The 7th and 8th clauses of the Act of 1839 , in relation to the office of Constable , which prescribe the proceeding by indictment , in cases of official ...
... O'NEALL , EVANS and WARDLAW , J J. con- curred . The State vs. Jesse Williams . 1. The 7th and 8th clauses of the Act of 1839 , in relation to the office of Constable , which prescribe the proceeding by indictment , in cases of official ...
Чести термини и фразе
absent debtor action aforesaid alleged amount appeal assumpsit attachment attorney authority bail bank bill bond BUTLER charged the jury Charleston chose in action claim clerk commissioners common law concurred contract court Court of Equity covenant creditors Curia damages death debt declaration deed defendant defendant's discharge dollars endorsed entitled EVANS evidence execution executor fact fendant following grounds garnishee granted hardpan held indictment intended interest issue John judgment jurisdiction land liable mandamus ment mortgage motion negroes non-suit O'NEALL offence ordinance paid party payment person plaintiff plea plead possession presiding Judge Prison Bounds proof proved purchase question recover refused rent resident RICHARDSON Robert Cathcart rule sheriff shew slave sold South Carolina Stat statute suit term testator tiff tion tract trial try titles usury verdict vessel Waller WARDLAW William Mayrant witness words writ
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Страница 457 - America, to be paid to the said or his certain attorney, executors, administrators, or assigns: to which payment well and truly to be made, I bind myself, my heirs, executors, and administrators, firmly by these presents.
Страница 762 - ... no man shall be deprived of his liberty or property, but by the judgment of his peers, or the law of the land...
Страница 291 - That no contract for the sale of any goods, wares, and merchandises, for the price of ten pounds sterling or upwards shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part...
Страница 309 - EL 144, sec. 5), which provides that the death of either party between verdict and judgment shall not be alleged for error, so as the judgment be entered within two terms after the verdict; nor within the act of April 15, 1814 (Sess.
Страница 290 - In witness whereof, the master or purser of the said ship hath affirmed to three bills of lading, all of this tenor and date, one of which being accomplished, the other two to stand void.
Страница 654 - Junior, his heirs and assigns, forever, and I do hereby bind myself, my heirs, executors and administrators, to warrant and forever defend...
Страница 291 - ... the buyer shall accept part of the goods or choses in action so contracted to be sold or sold, and actually receive the same, or give something in earnest to bind the contract, or in part payment, or unless some note or memorandum in writing of the contract or sale be signed by the party to be charged or his agent in that behalf.
Страница 481 - And if there be two or more plaintiffs or defendants, and one or more of them shall die, if the cause of action shall survive to the surviving plaintiff or plaintiffs, or against the surviving defendant or defendants...
Страница 320 - ... whereof the said plaintiff hath above thereof complained against him the said defendant; and this he the said defendant is ready to verify; wherefore he prays judgment, if the said plaintiff ought to have or maintain his aforesaid action thereof against him, &c.
Страница 548 - Heuce it appears that the reason of the decision in these and other similar cases, besides the inequality of the damages, seems to be, that •where a person has received a part of the consideration for which he entered into the agreement, it would be unjust that because he has not had the whole, he should therefore be permitted to enjoy that part without either paying or doing any thing for it.