Reports of Cases Argued and Determined in the Superior Courts of Law in the State of South-Carolina, Since the Revolution [1783-1804], Volume 2I. Riley. For sale by E. Morford, Willington & Company Charleston; Seymour & Williams, Savannah; Lewis Adams, Richmond; Cole & Thomas, Baltimore; P. Byrne, Philadelphia; R. M'Dermut, and S. Gould, New-York; John West, & Company Boston; Daniel Johnson, Portland, 1811 - Law reports, digests, etc |
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Page 4
... motion to set aside this verdict , and for a judgment of nonsuit , or a new trial . The grounds taken on this motion , were nearly the same as those taken on the trial of the issue . But it was now further contended on the part of the ...
... motion to set aside this verdict , and for a judgment of nonsuit , or a new trial . The grounds taken on this motion , were nearly the same as those taken on the trial of the issue . But it was now further contended on the part of the ...
Page 12
... motion for a new trial , to be made at the next meeting of the constitutional court of appeals , on the ground of misdirection of the pre- siding judge ; and that the finding of the jury was against law . At the meeting of the ...
... motion for a new trial , to be made at the next meeting of the constitutional court of appeals , on the ground of misdirection of the pre- siding judge ; and that the finding of the jury was against law . At the meeting of the ...
Page 14
... motion , that this sale was a public sale made by the state , a corporate body , which could not make , nor was it bound to make , the representations of the good or bad qualities of the land of- fered for sale , which a private ...
... motion , that this sale was a public sale made by the state , a corporate body , which could not make , nor was it bound to make , the representations of the good or bad qualities of the land of- fered for sale , which a private ...
Page 32
... motion in the constitutional court of appeals , to set aside this verdict , and for a new trial , on the grounds , that the finding of the jury was against law , evidence , and the direction of the judge who tried the cause . Upon the ...
... motion in the constitutional court of appeals , to set aside this verdict , and for a new trial , on the grounds , that the finding of the jury was against law , evidence , and the direction of the judge who tried the cause . Upon the ...
Page 34
... motion for a new minor offen- assaults , bat- admit persons after convic- trial . tion , to bail , to appear at the constitu- In support of this motion , Mr. Holmes contended , that tional court of if the defendant was bailable ...
... motion for a new minor offen- assaults , bat- admit persons after convic- trial . tion , to bail , to appear at the constitu- In support of this motion , Mr. Holmes contended , that tional court of if the defendant was bailable ...
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Common terms and phrases
action admitted adverse possession affidavit afterwards agreeably alleged appeared assumpsit Attorney-General authority bill blockade bona fide purchaser bond bound BURKE cargo cause charge Charleston District circuit court claim clause Columbia commissioners common law construction contended contract counsel court of equity coverture creditors damages debt debtor declaration deed defendant defendant's determined discharged entitled evidence execution executor favour feme covert fendant fraud give given grant GRIMKE ground indictment intention intestate Judge BAY Judges present judgment jury justice laid land legislature liable ment mortgage motion negroes nonsuit offence opinion original paid parties payment person plaintiff plea pleaded Poaug port possession presiding judge principles proceedings proved purchaser refused rule of law sheriff shew ship South Carolina statute statute of limitations suit taken testator testimony tion trespass TREZEVANT trial try title usury verdict vessel WATIES and BAY witnesses writ
Popular passages
Page 38 - That no man shall be taken or imprisoned, or disseized of his freehold, liberties, or privileges, or outlawed, or exiled, or in any manner destroyed, or deprived of his life, liberty, or property, but by the judgment of his peers or the law of the land.
Page ii - POMEROY, of the said District, hath deposited in this Office the title of a Book, the right whereof he claims as Proprietor, in the words following, to wit : . . "Biography of the Signers to the Declaration of Independence.
Page ii - Conformity to the Act of the Congress of the United Stales, entitled, " An Act for the encouragement of Learning, by securing the copies of Maps, Charts, and Books, to the Authors and Proprietors of such copies during the times therein mentioned.
Page 59 - In exercising this high authority, the judges claim no judicial supremacy; they are only the administrators of the public will. If an act of the legislature is held void, it is not because the judges have any control over the legislative power, but because the act is forbidden by the Constitution, and because the will of the people, which is therein declared, is paramount to that of their representatives expressed in any law.
Page 294 - And in case there be no children nor any legal representatives of them, then one moiety of the said estate to be allotted to the wife of the intestate, the residue of the said estate to be distributed equally to every of the next of kindred of the intestate, who are in equal degree and those who legally represent them. VII. Provided, that there be no representations admitted among collaterals after brothers
Page 354 - ... object of the Statute concerning Forcible Entries, is to afford parties, whose possession is disturbed by force and violence, a summary remedy. This object would be entirely defeated if a defendant, after judgment, could, by transferring the possession to a stranger, prevent the execution of the writ. "If it were once permitted for a defendant, against whom there was a judgment on a forcible entry and detainer, to put in a third person, or for a third person to enter afterwards, with a view of...
Page 44 - However the acquisition be made, the right which each individual has to his own estate is always subordinate to the right which the community has over all: without this, there would be neither stability in the social tie, nor real force in the exercise of Sovereignty.
Page 59 - He said, it was painful to him to be obliged to question the exercise of any legislative power, but he was sworn to support the constitution, and this was the most important of all the duties which were incumbent on the judges. On the faithful performance of this high duty would depend the integrity and duration of our government. If the legislature is permitted to exercise other rules than those ordained by the constitution, and if innovations are suffered to acquire the sanction of time and practice,...
Page 60 - ... only the administrators of the public will. If an act of the legislature is held void, it is not because the judges have any control over the legislative power, but because the act is forbidden by the constitution, and because the will of the people, which is therein declared, is paramount to that of their representatives, expressed in any law. As the act under consideration appeared to him to be repugnant to this high will, he was bound to say, that it ought not to have any operation, and that...
Page 294 - ... and sisters' children ; and in case there be no wife, then all the said estate to be distributed equally to and amongst the children ; and in case there be no child, then to the next of kindred in equal degree of or unto the intestate, and their legal representatives as aforesaid, and in no other manner whatsoever.