Reports of Cases at Law Argued and Determined in the Court of Appeals and Court of Errors of South Carolina, Svazek 14A.S. Johnston, 1867 |
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Strana 60
... distinct acknowledgment of , Markley's right by the adjoining proprie- tors , and by the whole neighboring population ; and to the presumptions arising from Smith's survey , and the improba- bility that this land had remained vacant ...
... distinct acknowledgment of , Markley's right by the adjoining proprie- tors , and by the whole neighboring population ; and to the presumptions arising from Smith's survey , and the improba- bility that this land had remained vacant ...
Strana 76
... distinct - the one a felony , and the other a misdemeanor- and the punishments being different , the Court , under such a verdict , cannot know of which offence defendants are guilty , and what sentence to pass . In such a case ...
... distinct - the one a felony , and the other a misdemeanor- and the punishments being different , the Court , under such a verdict , cannot know of which offence defendants are guilty , and what sentence to pass . In such a case ...
Strana 82
... distinct offences , for each of which the law provides a different and distinct punishment . And it does not appear , from a general verdict of guilty , of which offence these defend- ants are guilty , nor can judgment of the Court be ...
... distinct offences , for each of which the law provides a different and distinct punishment . And it does not appear , from a general verdict of guilty , of which offence these defend- ants are guilty , nor can judgment of the Court be ...
Strana 85
... distinct offences - the one a felony , punished , if this be the first conviction , with fine and imprisonment , at discretion , and with whipping , within certain defined limits as to the number of the lashes , and , if this be the ...
... distinct offences - the one a felony , punished , if this be the first conviction , with fine and imprisonment , at discretion , and with whipping , within certain defined limits as to the number of the lashes , and , if this be the ...
Strana 86
... distinct counts in the indictment , each charging the prisoner with a distinct and independent offence , for each of which offences the law has provided a different and distinct punishment , where the general verdict not showing of ...
... distinct counts in the indictment , each charging the prisoner with a distinct and independent offence , for each of which offences the law has provided a different and distinct punishment , where the general verdict not showing of ...
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abscond action affidavit aforesaid April arrest of judgment assumpsit bail bastardy bench warrant Bobo bond cause Circuit Clerk colt Columbia Common Pleas concurred constitutional convicted cotton counsel Court of Common Court of Equity Court of Sessions Court was delivered Daniel Major David Jacob debtor debts deceased defendant's District Court dollars DUNKIN evidence exclusive execution Fall Term felony fraudulent future contracts granted guilty Halberstadt Hiram Major Honor indictment Iseman issued James James Bruce James Burrows James Kirkland jurisdiction jurors Justice Kirkland land larceny Legislature liable Markley's mesne misdemeanor Motion dismissed moved this Court notice November obligation of contracts offence opinion parties partnership creditors persons of color plaintiff presiding Judge prisoner proceedings prosecution provisions punishment question remittitur repeal rule separate creditor Sheriff South Carolina Spring Term statute stealing Strob Thomas Burrows tion tract trespass trial verdict Warren William Rhodus witness writ
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Strana 139 - And, in the just preservation of rights and property, it is understood and declared that no law ought ever to be made or have force in the said Territory that shall, in any manner whatever, interfere with or affect private contracts, or engagements, bona fide, and without fraud previously formed.
Strana 138 - Mortgages made since the passage of these, laws must undoubtedly be governed by them, for every State has the power to prescribe the legal and equitable obligations of a contract to' be made and executed within its jurisdiction. It may exempt any property it thinks proper from sale, for the payment of a debt, and may impose such conditions and restrictions upon the creditor as its judgment and policy may dictate. And all future contracts would be subject to such provisions ; and they would be obligatory...
Strana 76 - Acker, then and there being found, feloniously did steal, take and carry away, contrary to the Act of the General Assembly in such case made and provided, and against the peace and dignity of the same State aforesaid.Columbia, November, 1866.
Strana 244 - It is not necessary, however, that the evidence should bear directly upon the issue. It is admissible if it tends to prove the issue, or constitutes a link in the chain of proof ; although, alone, it might not justify a verdict in accordance with it.
Strana 282 - the rule for jurisdiction is that nothing shall be intended to be out of the jurisdiction of a superior court but that which specially appears to be so, and, on the contrary, nothing shall be intended to be within the jurisdiction of an inferior court but that which is so expressly alleged;" and this rule has been so frequently repeated as to have become a maxim in the law.
Strana 77 - Smith, then and there being found, feloniously did steal, take and carry away against the peace of our said lady the Queen, her crown and dignity, and against the form of the statute in such case made and provided.
Strana 148 - American people have said, in the constitution of the United States, that "no state shall pass any bill of attainder, ex post facto law or law impairing the obligation of contracts.
Strana 137 - On consideration whereof, this court is of opinion, that, since the adoption of the Constitution of the United States, a State has authority to pass a bankrupt law, provided such law does not impair the obligation of contracts, within the meaning of the Constitution, and provided there be no act of Congress in force to establish a uniform system of bankruptcy, conflicting with such law.
Strana 77 - Goodman, contrary to the form of the act of the General Assembly in such case made and provided, and against the peace and dignity of the Commonwealth of Pennsylvania.
Strana 161 - ... the Constitution of the United States which prohibits a State from passing any law impairing the obligation of a contract. Whatever is granted is secured subject only to the limitations and reservations in the charter or in the laws or constitutions which govern it.