Reports of Cases Determined in the Constitutional Court of South Carolina, Volume 2S.C., Printed and published by D. Faust, state printer, pursuant to an act of Assembly of 1816, 1823 - Law reports, digests, etc |
From inside the book
Results 1-5 of 41
Page 24
... direct- ed by the act , to one of the circuit Judges to have that or- der reversed , who , after having heard the case de novo , affirmed the order of the Justices ; and a motion was now made to reverse this order , and to set aside the ...
... direct- ed by the act , to one of the circuit Judges to have that or- der reversed , who , after having heard the case de novo , affirmed the order of the Justices ; and a motion was now made to reverse this order , and to set aside the ...
Page 37
... direct and positive answer to the question . If I were a Legislator , and was asked the question , to which of them ought these funds to be paid over , I should not hesitate a moment in saying , that the good and prosperity of the whole ...
... direct and positive answer to the question . If I were a Legislator , and was asked the question , to which of them ought these funds to be paid over , I should not hesitate a moment in saying , that the good and prosperity of the whole ...
Page 60
... direct hostility to the constitution itself . That clause was introduced , I presume , through abundance of caution , to remove any doubt which otherwise might have been entertained , whe- ther all pre - existing laws might not have ...
... direct hostility to the constitution itself . That clause was introduced , I presume , through abundance of caution , to remove any doubt which otherwise might have been entertained , whe- ther all pre - existing laws might not have ...
Page 61
... direct and manifest violation of the constitution . It is the last clause of the act , and in all probability was introduced near the close of the session , the period of time the least propitious to that due deliberation with which the ...
... direct and manifest violation of the constitution . It is the last clause of the act , and in all probability was introduced near the close of the session , the period of time the least propitious to that due deliberation with which the ...
Page 81
... direct and frequent subject of its cogni- As a general rule it will not be denied , that a title to land must be tried at law ; but in certain cases a Court of Equity may also take cognizance of it . This fully ap- pears from the cases ...
... direct and frequent subject of its cogni- As a general rule it will not be denied , that a title to land must be tried at law ; but in certain cases a Court of Equity may also take cognizance of it . This fully ap- pears from the cases ...
Other editions - View all
Reports of Cases Determined in the Constitutional Court of South-Carolina ... David James McCord No preview available - 2019 |
Common terms and phrases
ABRAHAM NOTT action admitted alleged appear assumpsit authority bail bill bond charge Charleston clause clerk common law concurred constitution contended contra contract Court of Equity creditors DANIEL ELLIOTT HUGER debt debtor declaration deed defendant defendant's delivered the opinion discharged district dollars duty entitled evidence execution fact fendant given granted ground hand-writing indictment indorser intended issue John judgment jurisdiction jury Justice Colcock delivered Justice Gantt Justice Huger Justice Johnson delivered Justice Nott delivered Justice Richardson delivered land Legislature liable McCord ment motion necessary negro objection offence paid parties Paul Trapier payment penalty person plaintiff plea possession presiding judge prison bounds prisoner promissory note proved purchaser question recover refused replevin rule security for costs sheriff shew sold statute statute of limitations testator tion trespass trial usury verdict void warranty Wilson witness words writ
Popular passages
Page 59 - 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 349 - ... bombardiers, one drummer and one fifer ; the officers to be armed with a sword or hanger, a fusee, bayonet and belt, with a...
Page 199 - a factor, dealing for a principal, but concealing that principal, delivers goods in his own name, the person contracting with him has a right to consider him to all intents and purposes as the principal ; and, though the real principal may appear and bring an action upon that contract against the purchaser of the goods, yet that purchaser may set off any claim he may have against the factor in answer to the demand of the principal. This has been long settled.
Page 253 - ... of and in the like estates as they have in the use, trust or confidence : and that the estate of the person so seised to uses shall be deemed to be in him or them that have the use, in such quality, manner, form and condition, as they had before in the use.
Page 522 - ... or secured thereby, and remaining unsatisfied ; and such offender shall suffer such punishment as he or she should or might have done, if he or she had stolen other goods of the like value with the monies due on such orders, tallies, bonds, bills, warrants, debentures, or notes respectively, or secured thereby, and remaining unsatisfied ; any law to the contrary thereof in any wise used notwithstanding.
Page 255 - Where a copyhold which had been surrendered to the use of a will was devised to A. and his heirs, in trust for B. and his heirs, upon the death of B.
Page 180 - ... that all bonds, contracts, and assurances whatsoever, made after the time aforesaid, for payment of any principal, or money to be lent or covenanted to be performed upon or for any usury, whereupon or whereby there shall be reserved or taken above the rate of five pounds in the hundred, as aforesaid, shall be utterly void...
Page 60 - This method of collecting taxes is as well established by custom and usage as any principle of the common law. A similar practice prevailed in all the Colonies from the first dawn of their existence. It has been continued by all the States since their independence, and had existed in England from time immemorial. Indeed, it is necessary to the existence of every government, and is based upon the principle of self-preservation...
Page 396 - ... shall give his vote for election of members to serve in Parliament, such person shall lose and forfeit one full year's value of his real estate, and one full third part of his personal estate ; one moiety thereof to the Lord Protector, and the other moiety to him or them who shall sue for the same.
Page 62 - What is a Constitution? It is the form of government, delineated by the mighty hand of the people, in which certain first principles of fundamental laws are established. The constitution is certain and fixed ; it contains the permanent will of the people, and is the supreme law of the land ; it is paramount to the power of the Legislature, and can be revoked or altered only by the authority that made it.