Reports of Judicial Decisions in the Constitutional Court, of the State of South-Carolina: Held at Charleston and Columbia, During the Years 1812, 13, 14, 15, and 16. To which is Added, Two Cases Determined in the Court of Equity in the Year Eighteen Hundred & Twenty-two, Volume 2W.R.H. Treadway, 1823 - 972 halaman |
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Halaman 505
... common dinary , held this day , at Marion court - house , to have not , after the will of Thos . Port , proved in due and solemn form be contro- of law . The legatees of Mr. Thos . Port , having a petition appeared by their counsel ...
... common dinary , held this day , at Marion court - house , to have not , after the will of Thos . Port , proved in due and solemn form be contro- of law . The legatees of Mr. Thos . Port , having a petition appeared by their counsel ...
Halaman 506
... common form the legatees were now barred , by lapse of time , from proving the will in solemn form of law and of this opinion was the Ordinary . Whereupon the legatees of Thomas Port appealed . The case was tried before his honour judge ...
... common form the legatees were now barred , by lapse of time , from proving the will in solemn form of law and of this opinion was the Ordinary . Whereupon the legatees of Thomas Port appealed . The case was tried before his honour judge ...
Halaman 509
... common DAVIS law has no right to admit evidence to impeach it . It is to be remembered that this is a question concern- ing personal estate , the administration of which be- longed to the court of Ordinary . As to real estate , the ...
... common DAVIS law has no right to admit evidence to impeach it . It is to be remembered that this is a question concern- ing personal estate , the administration of which be- longed to the court of Ordinary . As to real estate , the ...
Halaman 510
... common form only , may be questioned at any time within thirty years next after . Godolph . 62. 4 Burr . Eccl . & 207 Lovelass , 212. Toll Sect . 10. Salk . 153. Stra.481 . Cowp . 322 . 7 Rep . 125. & c . More than thirty years elapsed ...
... common form only , may be questioned at any time within thirty years next after . Godolph . 62. 4 Burr . Eccl . & 207 Lovelass , 212. Toll Sect . 10. Salk . 153. Stra.481 . Cowp . 322 . 7 Rep . 125. & c . More than thirty years elapsed ...
Halaman 511
... Common Pleas , " of the district in which the said court of Ordinary " shall be holden , within twenty days next after " such judgment , sentence , & c . shall have been " given . " And the court of Common Pleas are enjoined to hear and ...
... Common Pleas , " of the district in which the said court of Ordinary " shall be holden , within twenty days next after " such judgment , sentence , & c . shall have been " given . " And the court of Common Pleas are enjoined to hear and ...
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act of Assembly action admitted ALSTON appears assumpsit authorised bank bill bond Bourdieu BREVARD C. B. Cochran CHARLES Charleston City Council claim clause Cochran coin COLCOCK COLUMBIA commission common law concurred constitution contended contract conveyance counterfeit county courts court of equity court of Ordinary court of sessions coverture creditors debt decision declared decree deed defendant dollars dower evidence executor given granted GRIMKE ground Hogg Hort indictment J. P. Thompson James Hogg January Term judgment jurisdiction jury Justices land Laval Legislature loan-office Major Haskell marriage settlements ment motion Mount Thompson NOTT November Term objection offence opinion paid parties passed Paul Thompson payment person plaintiff plea possession presumption proved punishment purchase question RAOUL recorded rule scire facias secretary's office sheriff shew Simons SMITH statute statute of limitations testator tion trial trustees verdict void volumes warrant WINGATE witness writ
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Halaman 801 - Had the Constitution been silent on this head, there can be no doubt that all the particular powers requisite as means of executing the general powers would have resulted to the government by unavoidable implication. No axiom is more clearly established in law, or in reason, than that wherever the end is required the means are authorized; wherever a general power to do a thing is given, every particular power necessary for doing it is included.
Halaman 802 - State sovereignty would only exist in three cases: where the Constitution in express terms granted an exclusive authority to the Union; where it granted in one instance an authority to the Union, and in another prohibited the States from exercising the like authority; and where it granted an authority to the Union, to which a similar authority in the States would be absolutely and totally contradictory and repugnant.
Halaman 649 - A WRIT of quo warranto is in the nature of a writ of right for the king, against him who claims or usurps any office, franchise, or liberty, to inquire by what authority he supports his claim, in order to determine the right r.
Halaman 654 - ... 2. The common law has reserved to itself the exposition of all such acts of parliament as concern either the extent of these courts, or the matters depending before them. And therefore, if these courts either refuse to allow these acts of parliament, or will expound them in any other sense than what the common law puts upon them, the king's courts at Westminster will grant prohibitions to restrain and control them.
Halaman 660 - Judges of the Supreme Court and the Presidents of the Courts of Common Pleas, shall at stated times, receive for their services an adequate compensation, to be fixed by law, which shall not be diminished during their continuance in office; but they shall receive no fees or perquisites of office, nor hold any other office of profit or trust under the authority of this state or the United States.
Halaman 591 - A warranty is a covenant real annexed to lands or tenements, whereby a man and his heirs are bound to warrant the same; and, either upon voucher, or by judgment in a writ of warrantia chartce, to yield other lands and tenements (which, in old books, is called in excambio), to the value of those that shall be evicted by a former title, or else may be used by way of rebutter.
Halaman 486 - IDE, 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 : " Inductive Grammar, designed for beginners. By an Instructer." In conformity to the act of the Congress of the United States...
Halaman 780 - But as the plan of the Convention aims only at a partial union or consolidation, the State governments would clearly retain all the rights of sovereignty which they before had, and which were not, by that act, exclusively delegated to the United States.
Halaman 714 - Their judgment, however, shall not extend further than removal from office, disqualification to hold or enjoy any place of honor, trust or profit under this state; but the party so convicted shall, nevertheless, be liable to indictment, trial, judgment, and punishment, according to the laws of the land.
Halaman 701 - ... and required, upon request made in writing by such person or persons or any on his, her or their behalf, attested and subscribed by two witnesses who were present at the delivery of the same, to award and grant...