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 7
... Trial - Location . Barry vs. Iseman , . 129 Constitutional Law - Im- pairing Obligation of Con- tracts - Stay Law - Prac- tice . Bell , ex parte , Appeal - District Judge — Power to Supervise Pros- ecutions . 9 Frederick vs. Halberstadt ...
... Trial - Location . Barry vs. Iseman , . 129 Constitutional Law - Im- pairing Obligation of Con- tracts - Stay Law - Prac- tice . Bell , ex parte , Appeal - District Judge — Power to Supervise Pros- ecutions . 9 Frederick vs. Halberstadt ...
Strana 8
... Trial . State vs. Nelson , Indictment - Joinder of Dis- - tinct Offences General Verdict - Arrest of Judg- Bastardy - Statute of Limi- tations Advances for Maintenance - Waiver of • 169 ment - New Trial . State vs. Sarratt , 29 State vs ...
... Trial . State vs. Nelson , Indictment - Joinder of Dis- - tinct Offences General Verdict - Arrest of Judg- Bastardy - Statute of Limi- tations Advances for Maintenance - Waiver of • 169 ment - New Trial . State vs. Sarratt , 29 State vs ...
Strana 10
... trial , and to direct the discontinuance thereof , on such terms and conditions as may seem to him most conducive to the ends of justice ; and for this purpose he is authorized to summon before him the parties and such witnesses as may ...
... trial , and to direct the discontinuance thereof , on such terms and conditions as may seem to him most conducive to the ends of justice ; and for this purpose he is authorized to summon before him the parties and such witnesses as may ...
Strana 12
... trial of the cause no other judgment than that of the defendant's guilt can legally be rendered , the prosecution itself yet has very little merit , or is even mischievous in its effects upon the public peace and order . The ...
... trial of the cause no other judgment than that of the defendant's guilt can legally be rendered , the prosecution itself yet has very little merit , or is even mischievous in its effects upon the public peace and order . The ...
Strana 15
... trial , on the grounds : In arrest of judgment- 1. Because the paper sued on was not such a paper as could , under the statute , and the practice of our Courts , legally be referred to the Clerk , but should have been sub- mitted to the ...
... trial , on the grounds : In arrest of judgment- 1. Because the paper sued on was not such a paper as could , under the statute , and the practice of our Courts , legally be referred to the Clerk , but should have been sub- mitted to the ...
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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.