The Southeastern Reporter, Том 45West Publishing Company, 1904 |
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Страница 6
... trial of the is- sues by a jury was , therefore , not demand- ed of right . Ins . Ass'n v . Berry , 53 S. C. 129 , 31 S. E. 53 , and cases therein cited . It is the order of this court that the order of the circuit judge be reversed ...
... trial of the is- sues by a jury was , therefore , not demand- ed of right . Ins . Ass'n v . Berry , 53 S. C. 129 , 31 S. E. 53 , and cases therein cited . It is the order of this court that the order of the circuit judge be reversed ...
Страница 38
... trial . Section 4334 of our Civil Code of 1895 expressly declares that a trial judge shall not , in any case , civil or criminal , “ dur- ing its progress or in his charge to the jury express or intimate his opinion as to what has or ...
... trial . Section 4334 of our Civil Code of 1895 expressly declares that a trial judge shall not , in any case , civil or criminal , “ dur- ing its progress or in his charge to the jury express or intimate his opinion as to what has or ...
Страница 51
... TRIAL - AMENDMENT TO PETITION - AD- MINISTRATRIX'S SALE - PURCHASE BY HUS- BAND - ACTION BY HEIRS - RIGHTS OF AD- MINISTRATRIX . 1. Exception to the allowance of an amend- ment to a petition cannot properly be made in a motion for a new ...
... TRIAL - AMENDMENT TO PETITION - AD- MINISTRATRIX'S SALE - PURCHASE BY HUS- BAND - ACTION BY HEIRS - RIGHTS OF AD- MINISTRATRIX . 1. Exception to the allowance of an amend- ment to a petition cannot properly be made in a motion for a new ...
Страница 58
... TRIAL - ARGUMENT TO JURY- INSTRUCTIONS . 1. One who , on the trial of a criminal charge against him , introduces in his defense either oral or documentary evidence , has no right , un- der the provisions of Pen . Code 1895 , § 1029 , to ...
... TRIAL - ARGUMENT TO JURY- INSTRUCTIONS . 1. One who , on the trial of a criminal charge against him , introduces in his defense either oral or documentary evidence , has no right , un- der the provisions of Pen . Code 1895 , § 1029 , to ...
Страница 77
... TRIAL - NEWLY DISCOVERED EVIDENCE - JUROR - COMPETENCY . 1. There was no error in overruling that ground of the motion for a new trial which was based upon alleged newly discovered evi- dence . 2. The trial judge occupies the position ...
... TRIAL - NEWLY DISCOVERED EVIDENCE - JUROR - COMPETENCY . 1. There was no error in overruling that ground of the motion for a new trial which was based upon alleged newly discovered evi- dence . 2. The trial judge occupies the position ...
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Чести термини и фразе
adverse possession alleged amendment amount appeal Arthur Alexander authority bank bill of exceptions bond brings error cause of action Cent certiorari charge Charleston county circuit court claim Code complaint contract corpus delicti Coun counsel court of equity Court of Georgia creditors damages debt decree deed defendant in error defendant's demurrer dismissed duty entitled equity erred Error from Superior evidence executed fact fendant filed grant ground heirs held honor injury issue Judgment affirmed June 27 jury Justices land liable lien ment mortgage motion negligence nonsuit overruled party passenger person petition plain plaintiff in error plea possession purchase question railroad company reason recover refused rule South Bound Railroad South Carolina statute suit Superior Court Supreme Court sustained Syllabus testimony thereof tiff tion tract train trial verdict witness
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Страница 331 - To justify the State in thus interposing its authority in behalf of the public, it must appear, first, that the interests of the public generally, as distinguished from those of a particular class, require such interference; and, second, that the means are reasonably necessary for the accomplishment of the purpose, and not unduly oppressive upon individuals.
Страница 102 - The objection that a contract is immoral or illegal as between plaintiff and defendant sounds at all times very ill in the mouth of the defendant. It is not for his sake, however, that the objection is ever allowed : but it is founded in general principles of policy which the defendant has the advantage of, contrary to the real justice as between him and the plaintiff, by accident, if I may say so. The principle of public policy is this : ex dolo malo non oritur actio.
Страница 367 - Near this spot Are deposited the Remains Of one Who Possessed Beauty Without Vanity, Strength without Insolence, Courage without Ferocity, And all the Virtues of Man Without his Vices. This Praise, which would be unmeaning flattery If inscribed over Human Ashes, Is but a just tribute to the Memory of "Boatswain," a Dog Who was born at Newfoundland, May, 1803, And died at Newstead Abbey Nov. 18, 1808.
Страница 282 - ... if the interest of the insured be other than unconditional and sole ownership; or if the subject of insurance be a building on ground not owned by the insured in fee simple...
Страница 435 - The words and phrases used in this Act and in proceedings pursuant hereto shall, unless. the same be inconsistent with the context, be construed as follows: (1) " A person against whom a petition has been filed...
Страница 301 - The Condition of this Obligation is such, that if the above bounden Administrator of all and singular the Goods Chattels and Credits of Deceased, do make or cause to be made a true and perfect Inventory of all and singular the Goods Chattels and Credits...
Страница 147 - ... and acquiesced for a great length of time. Nothing can call forth this court into activity but conscience, good faith, and reasonable diligence; where these are wanting, the court is passive and does nothing. Laches and neglect are always discountenanced...
Страница 359 - By failing to appear at the trial. 2. By written consent, in person or by attorney, filed with the clerk. 3. By oral consent in open court, entered in the minute § 267.
Страница 99 - A contract of a corporation, which is ultra vires, in the proper sense, that is to say, outside the object of its creation as defined in the law of its organization, and therefore beyond the powers conferred upon it by the Legislature, is not voidable only, but wholly void, and of no legal effect. The objection to the contract is, not merely that the corporation ought not to have made it, but that it could not make it.
Страница 7 - Involuntary — In the commission of an unlawful act not amounting to a felony, or in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection.