Reports of Cases Argued and Determined in the Superior Courts of Law in the State of South-Carolina, Since the Revolution [1783-1804], Nide 1
I. 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, 1809 - 526 sivua
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act of assembly action admitted affidavit afterwards appeared assignment assumpsit bail bill of exchange bond charge Charleston chose in action circumstances clause commissioners common law consideration construction contended contract conviction counsel counterfeit court of wardens covenant creditors damages debt declared deed defendant defendant's district doctrine dower drawer evidence execution executors felony fendant forged forgery fraud give given Grimke ground indent indictment indorsement insolvent issue judges judgment jurisdiction jury justice land legislature levy liable Lord Mansfield mortgage motion negotiable negroes obligation obligor offence old sheriff opinion paid party passed payable payment person Pinckney plaintiff present principles prisoner promissory notes proved purchase question reason receipt recover rule Rutledge scire facias shew sold South-Carolina statute statute of Anne statute of frauds suit testator Thomas Reynolds tion trial trover usurious verdict void Waties witnesses words writing obligatory
Sivu 151 - Ohio ; and all prosecutions shall be carried on in the name and by the authority of the state of Ohio ; and all indictments shall conclude against the peace and dignity of the same.
Sivu 76 - No bill of attainder, ex post facto law, or law impairing the obligation of contracts, shall ever be passed.
Sivu 175 - A fair voluntary conveyance may be good against creditors, notwithstanding its being voluntary. The circumstance of a man being indebted at the time of his making a voluntary conveyance, is an argument of fraud. The question, therefore, in every case is, whether the act done is a bona fide transaction, or whether it is a trick and contrivance to defeat creditors.
Sivu 98 - We are, therefore, bound to give such construction to this enacting clause of the Act of 1788, as will be consistent with justice and the dictates of natural reason, though contrary to the strict letter of the law...
Sivu 507 - If the thing of which she is endowed be divisible, her dower must be set out by metes and bounds ; but if it be indivisible, she must be endowed specially ; as of the third presentation to a church, the third toll-dish of a mill, the third part of the profits of an office, the third sheaf of tithe, and the like (e).
Sivu 60 - So if a man take a horse from another, and bring him back again, an action of trespass will not lie against his executor, though it would against him; but an action for the use and hire of the horse will lie against the executor.
Sivu 98 - In the present instance, we have an act before us, which, were the strict letter of it applied to the case of the present claimants, would be evidently against common reason. But we would not do the legislature who passed this act so much injustice as to sit here and say that it was their intention to make a forfeiture ot property brought in here as this was.