Reports of Cases at Law, Argued and Determined in the Court of Appeals and Court of Errors of South Carolina ... from November 1842 to [May 1844] ... Both Inclusive, Volumen2A. S. Johnston, 1844 |
Dentro del libro
Resultados 1-5 de 97
Página 5
... allowed to stand by this court ? I apprehend not ; and that , under the authority of Duff vs. Hutson , 1 Bail . 215 , it would have to be set aside . In that case it was proved that the rent of the land , du- ring the time it was in the ...
... allowed to stand by this court ? I apprehend not ; and that , under the authority of Duff vs. Hutson , 1 Bail . 215 , it would have to be set aside . In that case it was proved that the rent of the land , du- ring the time it was in the ...
Página 10
... allowed an abatement in the price . The case of the State vs. Gaillard , 2d Bay , 11 , is an instance of the former , and Tunno vs. Flud , of the latter , 1st McC . 121. In these , and the kind- red cases of Gray vs. Hankinson , 1 Bay ...
... allowed an abatement in the price . The case of the State vs. Gaillard , 2d Bay , 11 , is an instance of the former , and Tunno vs. Flud , of the latter , 1st McC . 121. In these , and the kind- red cases of Gray vs. Hankinson , 1 Bay ...
Página 12
... allowed . But even if such a defence might be made , it does not follow , by any means , that the present action can be maintained . There is a great differ- ence between enforcing an executory contract , and giving relief after it has ...
... allowed . But even if such a defence might be made , it does not follow , by any means , that the present action can be maintained . There is a great differ- ence between enforcing an executory contract , and giving relief after it has ...
Página 16
... allowed the case to go to the Jury . POPE & POPE , for the motion . -contra . Curia , per WARDLAW , J. This Court concurs in the views taken on the Circuit . It is plain that David Bozeman's possession established no right of way ...
... allowed the case to go to the Jury . POPE & POPE , for the motion . -contra . Curia , per WARDLAW , J. This Court concurs in the views taken on the Circuit . It is plain that David Bozeman's possession established no right of way ...
Página 27
... allowed to cross examine both wit- nesses . No objection was urged that the defendant could not be struck from the roll without a trial by jury ; had there been , the presiding Judge reported that he would have overruled it , supposing ...
... allowed to cross examine both wit- nesses . No objection was urged that the defendant could not be struck from the roll without a trial by jury ; had there been , the presiding Judge reported that he would have overruled it , supposing ...
Términos y frases comunes
absent debtor action aforesaid alleged amount appeal assumpsit attachment attorney authority bail bank bill bond BUTLER charged the jury Charleston chose in action claim clerk commissioners common law concurred contract court Court of Equity covenant creditors Curia damages death debt declaration deed defendant defendant's discharge dollars endorsed entitled EVANS evidence execution executor fact fendant following grounds garnishee granted hardpan held indictment intended interest issue John judgment jurisdiction land liable mandamus ment mortgage motion negroes non-suit O'NEALL offence ordinance paid party payment person plaintiff plea plead possession presiding Judge Prison Bounds proof proved purchase question recover refused rent resident RICHARDSON Robert Cathcart rule sheriff shew slave sold South Carolina Stat statute suit term testator tiff tion tract trial try titles usury verdict vessel Waller WARDLAW William Mayrant witness words writ
Pasajes populares
Página 457 - America, to be paid to the said or his certain attorney, executors, administrators, or assigns: to which payment well and truly to be made, I bind myself, my heirs, executors, and administrators, firmly by these presents.
Página 762 - ... no man shall be deprived of his liberty or property, but by the judgment of his peers, or the law of the land...
Página 291 - That no contract for the sale of any goods, wares, and merchandises, for the price of ten pounds sterling or upwards shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part...
Página 309 - EL 144, sec. 5), which provides that the death of either party between verdict and judgment shall not be alleged for error, so as the judgment be entered within two terms after the verdict; nor within the act of April 15, 1814 (Sess.
Página 290 - In witness whereof, the master or purser of the said ship hath affirmed to three bills of lading, all of this tenor and date, one of which being accomplished, the other two to stand void.
Página 654 - Junior, his heirs and assigns, forever, and I do hereby bind myself, my heirs, executors and administrators, to warrant and forever defend...
Página 291 - ... the buyer shall accept part of the goods or choses in action so contracted to be sold or sold, and actually receive the same, or give something in earnest to bind the contract, or in part payment, or unless some note or memorandum in writing of the contract or sale be signed by the party to be charged or his agent in that behalf.
Página 481 - And if there be two or more plaintiffs or defendants, and one or more of them shall die, if the cause of action shall survive to the surviving plaintiff or plaintiffs, or against the surviving defendant or defendants...
Página 320 - ... whereof the said plaintiff hath above thereof complained against him the said defendant; and this he the said defendant is ready to verify; wherefore he prays judgment, if the said plaintiff ought to have or maintain his aforesaid action thereof against him, &c.
Página 548 - Heuce it appears that the reason of the decision in these and other similar cases, besides the inequality of the damages, seems to be, that •where a person has received a part of the consideration for which he entered into the agreement, it would be unjust that because he has not had the whole, he should therefore be permitted to enjoy that part without either paying or doing any thing for it.