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 12
... effects upon the public peace and order . The construction upon which the petition insists would convert what , in the judgment of this Court , was intended to be a preliminary examination into the merits of the prosecution , in order ...
... effects upon the public peace and order . The construction upon which the petition insists would convert what , in the judgment of this Court , was intended to be a preliminary examination into the merits of the prosecution , in order ...
Strana 13
... effect likely to be produced on the public interest by the further prosecution of the charge . The purpose of the examination here directed is to enable the officer wisely to exercise this discretion , for the protection of individuals ...
... effect likely to be produced on the public interest by the further prosecution of the charge . The purpose of the examination here directed is to enable the officer wisely to exercise this discretion , for the protection of individuals ...
Strana 18
... effects must first be applied to partnership debts is a well settled rule , but the authorities are so conflicting that it seems to be unsettled in this State , whatever the rule may be elsewhere , whether separate effects are first to ...
... effects must first be applied to partnership debts is a well settled rule , but the authorities are so conflicting that it seems to be unsettled in this State , whatever the rule may be elsewhere , whether separate effects are first to ...
Strana 22
... effects of that partner , entitled to precede a creditor of the firm . Wardlaw vs. Gray , Dud . Eq . 112 ; Fleming vs. Billings & Belk , 9 Rich . Eq . The opinion of the Court was delivered by NOTT , J. If this were now a new question ...
... effects of that partner , entitled to precede a creditor of the firm . Wardlaw vs. Gray , Dud . Eq . 112 ; Fleming vs. Billings & Belk , 9 Rich . Eq . The opinion of the Court was delivered by NOTT , J. If this were now a new question ...
Strana 23
... effects of a partner , his debtor , as would override the prior lien of a partnership creditor . That question was , during our present sitting , argued before all the Judges assembled in the Court of Errors . For the separate creditor ...
... effects of a partner , his debtor , as would override the prior lien of a partnership creditor . That question was , during our present sitting , argued before all the Judges assembled in the Court of Errors . For the separate creditor ...
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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.