Reports of Cases Determined in the Constitutional Court of South Carolina, Volume 4Printed and published, by D. Faust, state printer, pursuant to an act of Assembly of 1816, 1826 - Law reports, digests, etc |
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Common terms and phrases
action admitted aforesaid agreement appear assignment assumpsit attachment attorney authority bond brought charge Charleston claim clause clerk COLCOCK common law consideration contended contract counsel court court of equity covenant creditors damages debt decision declaration deed defendant demurrer discharge drawer entitled equity execution executor fact fendant fraud give given granted ground held indictment indorser insolvent intended interest issue John Johnson Judge Bay judgment jurisdiction jury justice land legislature levy liable lien magistrate ment motion necessary negro nonsuit notice NOTT oath object offence opinion paid parol evidence party payment person plaintiff plea pleaded possession presiding judge presumption prison bounds proceedings promise proved question recover refused rent replevin rule sheriff shew slave sold statute of Anne statute of frauds statute of limitations sued sufficient suit tenant term testator tion trespass trial try titles usury verdict villeins warranty witness writ
Popular passages
Page 305 - Where a law is plain and unambiguous, whether it be expressed in general or limited terms, the Legislature should be intended to mean what they have plainly expressed, and consequently no room is left for construction.
Page 390 - Frigate, beginning the adventure on the goods from the loading thereof on board the said ship at St.
Page 414 - Serv. deceased, do make a true and perfect inventory of all and singular the goods, chattels and credits of the said deceased, which have or shall come to the hands, possession or knowledge of the said James L.
Page 589 - It is undoubtedly true that every man is by the law of nature bound to fulfil his engagements. It is equally true that the law of this country supplies no means, nor affords any remedy, to compel the performance of an agreement made without sufficient consideration...
Page 375 - It is, we think, a sound principle, that, when a government becomes a partner in any trading company, it divests itself, so far as concerns the transactions of that company, of its sovereign character, and takes that of a private citizen.
Page 170 - And any attachment of the goods or estate of the defendant by the original process shall hold the goods or estate so attached to answer the final judgment in the same manner as by the laws of such State they would have been holden to answer final judgment had it been rendered in the court in which the suit or prosecution was commenced.
Page 571 - If he to whom the promise is made have a charge by reason of the promise, ... he shall have an action for that thing that was promised, though he that made the promise have no worldly profit by it.
Page 469 - By the rule of law, independent of the statute, parol evidence cannot be received to contradict a written agreement. To admit it for the purpose of proving that the written instrument does not contain the real agreement would be the same as receiving it for every purpose. It was for the purpose of shutting out that inquiry that the rule of law was adopted.
Page 442 - It is a general rule, that all indictments upon statutes, especially the most penal, must state all the circumstances which constitute the definition of the offence in the act, so as to bring the defendant precisely within it...
Page 144 - An irregularity is defined to be the want of adherence to some prescribed rule or mode of proceeding ; and it consists either in omitting to do something that is necessary for the due and orderly conducting of a suit, or doing it in an unreasonable time or improper manner...