Reports of Cases Determined in the Constitutional Court of South Carolina, Volume 1Daniel Faust, 1822 |
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ABRAHAM NOTT absent debtor action admitted amount appear assigned assumpsit attachment authority bill bond charged Charleston Chester district claim common law concurred constitution contended contract counsel Court Held court of equity creditors damages debt decided decision declaration deed defendant defendant's delivered the opinion demand demurrer discharged district election entitled evidence execution executors fact feme covert fendant fraud garnishee given granted ground husband indictment intention interest issue John judgment jury found Justice Huger delivered Justice Johnson Justice Nott delivered Lacoste land Leger legislature liable ment motion negro non-suit notice nulla bona objection paid party payment person plaintiff plea pleaded possession presiding Judge proceedings proved purchaser question quo warranto recover refused replevin rule sheriff shew sold statute Statute of Frauds sufficient Term testator tion tract trespass trial tried try titles usury warranty wife witness writ
Popular passages
Page 102 - The fourth section of the statute of frauds (a) enacts, that no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate ; or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriages, of another person...
Page 190 - ... that he will support the constitution of the United States, and that he doth absolutely and entirely renounce and abjure all allegiance and fidelity to every foreign prince, potentate, state or sovereignty whatever, and particularly, by name, the prince, potentate, state or sovereignty whereof he was before a citizen or subject ; which proceedings shall be recorded by the clerk of the court.
Page 286 - 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.
Page 93 - His lordship then proceeded to say, that the dependence or independence of covenants was to be collected from the evident sense and meaning of the parties, and that, however transposed they might be in the deed, their precedency must depend on the order of time in which the intent of the transaction requires their performance.
Page 546 - God and as touching such worldly estate wherewith it has pleased God to bless me with in this life I give devise and dispose of the same in the following manner and form — First.
Page 562 - ... committed as aforesaid, upon his prayer or petition in open court the first week of the term or first day of the sessions of Oyer and Terminer...
Page 151 - Implied, are such as reason and justice dictate, and which, therefore, the law presumes that every man undertakes to perform.
Page 60 - When any number of men have so consented to make one community or government, they are thereby presently incorporated, and make one body politic, wherein the majority have a right to act and conclude the rest.
Page 62 - For, according to the principle of all the cases referred to, a quorum possesses all the powers of the whole body ; a majority of which quorum must, of course, govern. . . . The constitutions of this State and the United States declare that a majority shall be a quorum to do business ; but a majority of that quorum are sufficient to decide the most important question.