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 100
Página 8
... decision about to be made , as touching upon the judicial department of the court , by extending nonsuits , and , therefore , important as a precedent -- I would order a new trial , which might appear very different under a full ...
... decision about to be made , as touching upon the judicial department of the court , by extending nonsuits , and , therefore , important as a precedent -- I would order a new trial , which might appear very different under a full ...
Página 11
... decision , it is unfavora- ble to such action or defence . In the case of the Commis- sioner in Equity vs. Thompson , 4 McCord , 434 , Judge Nott said , " I take it to be a well settled rule , that the law never implies a warranty on ...
... decision , it is unfavora- ble to such action or defence . In the case of the Commis- sioner in Equity vs. Thompson , 4 McCord , 434 , Judge Nott said , " I take it to be a well settled rule , that the law never implies a warranty on ...
Página 12
... decision was put on the ground that there was no privity of contract between them . Now it cannot be that there is no privity , if the law implied a warranty in the sale by the commissioner . I do not mean to be understood as expressing ...
... decision was put on the ground that there was no privity of contract between them . Now it cannot be that there is no privity , if the law implied a warranty in the sale by the commissioner . I do not mean to be understood as expressing ...
Página 25
... decision of the Judge below was , no doubt , regu- lated by a sound discretion , and we are not disposed to in- terfere with it . The motion to reverse it is , therefore , re- fused . Motion dismissed . O'NEALL , EVANS and WARDLAW , JJ ...
... decision of the Judge below was , no doubt , regu- lated by a sound discretion , and we are not disposed to in- terfere with it . The motion to reverse it is , therefore , re- fused . Motion dismissed . O'NEALL , EVANS and WARDLAW , JJ ...
Página 29
... decision of the Judge below was , no doubt , regu- lated by a sound discretion , and we are not disposed to in- terfere with it . The motion to reverse it is , therefore , re- fused . Motion dismissed . O'NEALL , EVANS and WARDLAW , JJ ...
... decision of the Judge below was , no doubt , regu- lated by a sound discretion , and we are not disposed to in- terfere with it . The motion to reverse it is , therefore , re- fused . Motion dismissed . O'NEALL , EVANS and WARDLAW , JJ ...
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.