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 14
... plaintiff " two hundred and twenty - five dollars , less store account , for value received , " is not a liquidated demand within the meaning of the Act authorizing actions on such demands to be referred to the Clerk . A writing which ...
... plaintiff " two hundred and twenty - five dollars , less store account , for value received , " is not a liquidated demand within the meaning of the Act authorizing actions on such demands to be referred to the Clerk . A writing which ...
Strana 15
... plaintiff's counsel , upon the ground that it came too late , and besides , if he had been notified that such an affidavit would have been intro- duced , that it was in his power , as he said , to have contra- dicted it in several ...
... plaintiff's counsel , upon the ground that it came too late , and besides , if he had been notified that such an affidavit would have been intro- duced , that it was in his power , as he said , to have contra- dicted it in several ...
Strana 16
... plaintiff or plaintiffs to prove his or their demand , or execute a writ of inquiry , but the same shall , upon motion to the Court , be referred to the Clerk to ascertain the sum actually due , and judgment shall be entered up ...
... plaintiff or plaintiffs to prove his or their demand , or execute a writ of inquiry , but the same shall , upon motion to the Court , be referred to the Clerk to ascertain the sum actually due , and judgment shall be entered up ...
Strana 17
... plaintiff . Evidence aliunde is indispensable in order to ascertain this . According to its terms the defendant has promised to pay to the plaintiff an ascertained sum , reduced by the subtraction therefrom of a sum which is not there ...
... plaintiff . Evidence aliunde is indispensable in order to ascertain this . According to its terms the defendant has promised to pay to the plaintiff an ascertained sum , reduced by the subtraction therefrom of a sum which is not there ...
Strana 19
... plaintiff's ( Kuhne's ) execution from said proceeds . The Sheriff's return stated the facts of the case , and that he held the proceeds subject to the order of the Court . WARDLAW , J. I discharged the rule , not thinking it safe to ...
... plaintiff's ( Kuhne's ) execution from said proceeds . The Sheriff's return stated the facts of the case , and that he held the proceeds subject to the order of the Court . WARDLAW , J. I discharged the rule , not thinking it safe to ...
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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.