Reports of Cases Argued and Determined in the Court of Appeals and Court of Errors of South-Carolina, on Appeals from the Courts of Law, Τόμος 2Walker & Burke, printers, 1848 |
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Σελίδα 8
... fact . - 3 Brown's Ch . Rep . 646 . GRIFFIN , contra . POPE , contra . The rights of third parties are involved in doing away with all the many presumptions in this case.- We contend that Mrs. Worthington was not a married wo- man when ...
... fact . - 3 Brown's Ch . Rep . 646 . GRIFFIN , contra . POPE , contra . The rights of third parties are involved in doing away with all the many presumptions in this case.- We contend that Mrs. Worthington was not a married wo- man when ...
Σελίδα 9
... fact , but a presumption for the Judge , and a jury cannot find against it . WARDLAW , for the motion . A presumption is the belief of a thing , from its connection with a known thing . - 1 Pothier , 478 ; Best on Presumptions , 110 ...
... fact , but a presumption for the Judge , and a jury cannot find against it . WARDLAW , for the motion . A presumption is the belief of a thing , from its connection with a known thing . - 1 Pothier , 478 ; Best on Presumptions , 110 ...
Σελίδα 12
... fact was not at all questionable that the dam had been erected by the defendant , and that it operated as an entire obstruction of the navigation of the stream above its position . Within a fortnight before the trial the dam had been ...
... fact was not at all questionable that the dam had been erected by the defendant , and that it operated as an entire obstruction of the navigation of the stream above its position . Within a fortnight before the trial the dam had been ...
Σελίδα 14
... fact so , it was indictable to obstruct it , as at common law . But it occurred to me that , although this might be true , in a case where the Legislature had simply declared that a particular stream should be held and taken to be a ...
... fact so , it was indictable to obstruct it , as at common law . But it occurred to me that , although this might be true , in a case where the Legislature had simply declared that a particular stream should be held and taken to be a ...
Σελίδα 22
... facts in the case . If the transfer to Herndon , whatever it really was , took place when the note against S. B. ... fact would have been capable of clear proof ; or if the note was transferable by delivery , in law , then the same ...
... facts in the case . If the transfer to Herndon , whatever it really was , took place when the note against S. B. ... fact would have been capable of clear proof ; or if the note was transferable by delivery , in law , then the same ...
Συχνά εμφανιζόμενοι όροι και φράσεις
action administration alleged assignment assumpsit attorney bail Bank Belk bond C. M. Gray charging the jury Charleston chose in action Circuit Judge claim Coggeshall Commissioners common law concurred Constitution contract cotton Court of Equity creditors debt declaration deed defendant defendant's delivered the opinion demurrer discharge entitled EVANS evidence execution executor F. A. Schroder fact fendant fraud Freeholders FROST grant ground of appeal held Hilliard Honor erred indictment issue John judgment jurors Justice land Legislature liable Magistrates ment Motion dismissed negroes non-suit O'NEALL offence paid party payment person plaintiff plea plead possession presiding Judge presumption Prison Bounds proceeding proof proved purchaser question receipt recover refused RICHARDSON rule Sheriff slave Smith sold Sollee Stat statute Statute of Limitations sued testator tiff tion trespass trial trial by jury try title verdict void WARDLAW wife WITHERS witness writ
Δημοφιλή αποσπάσματα
Σελίδα 509 - State to all mankind ; and no person shall be rendered incompetent to be a witness on account of his opinions on matters of religious belief; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this State.
Σελίδα 526 - That religion, or the duty which we owe to our Creator, and the manner of discharging it, can be directed only by reason and conviction, not by force or violence; and, therefore, that all men should enjoy the fullest toleration in the exercise of religion, according to the dictates of conscience...
Σελίδα 522 - State, ordain, determine and declare, that the free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever hereafter be allowed within this State to all mankind; provided that the liberty of conscience hereby granted shall not be so construed as to excuse acts of licentiousness or justify practices inconsistent with the peace or safety of this State.
Σελίδα 77 - ... is apt to lead one, a principle of malevolence to particulars ; for the law, by the term malice, malitia, in this instance, meaneth that the fact hath been attended with such circumstances as are the ordinary symptoms of a wicked heart regardless of social duty, and fatally bent upon mischief.
Σελίδα 261 - ... the party had his freedom of exercising his will, which this man had not: we must take it he paid the money relying on his legal remedy to get it back again.
Σελίδα 334 - 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...
Σελίδα 370 - And for the true performance of all and singular the covenants and agreements aforesaid, the said parties bind themselves, each unto the other, firmly by these presents.
Σελίδα 554 - That no freeman ought to be taken, imprisoned, or disseized of his freehold, liberties, or privileges, or outlawed, or exiled, or in any manner destroyed or deprived of his life, liberty, or property, but by the law of the land.
Σελίδα 367 - ... nor lend them unlawfully to any ; he shall not commit fornication nor contract matrimony within the said term...
Σελίδα 369 - Nor haunt alehouses, taverns, or play-houses : But in all things behave himself as a faithful apprentice ought to do, during the said term.