Reports of Cases Argued and Determined in the Superior Courts of Law in the State of South Carolina: Since the RevolutionI. Riley. For sale by E. Morford, Willington & Company Charleston; Seymour & Williams, Savannah; Lewis Adams, Richmond; Cole & Thomas, Baltimore; P. Byrne, Philadelphia; R. M'Dermut, and S. Gould, New-York; John West, & Company Boston; Daniel Johnson, Portland, 1809 - Law reports, digests, etc |
From inside the book
Results 1-5 of 45
Page 36
... obligation , than to procure the note , if possible , ( for the law never requires a man to perform impossibilities ) or on fail- ure , to repay the money then received . The depreciation act makes all contracts liable to be reduced by ...
... obligation , than to procure the note , if possible , ( for the law never requires a man to perform impossibilities ) or on fail- ure , to repay the money then received . The depreciation act makes all contracts liable to be reduced by ...
Page 67
... obligation . But supposing this contract 57 . should be considered as an exchange , ( and every contract 2 Wood ... obligations . On the part of Hall he was bound to warrant the negroes . Freazer on his part was equally bound to warrant ...
... obligation . But supposing this contract 57 . should be considered as an exchange , ( and every contract 2 Wood ... obligations . On the part of Hall he was bound to warrant the negroes . Freazer on his part was equally bound to warrant ...
Page 68
... obligation raised by law , is not that of the solvency of the debtor , but that of the debt being really and bona fide due from such debtor . A right only is warranted by the transfer , and not a guaranty of payment of the money , in ...
... obligation raised by law , is not that of the solvency of the debtor , but that of the debt being really and bona fide due from such debtor . A right only is warranted by the transfer , and not a guaranty of payment of the money , in ...
Page 72
... obligation , in justice or equity , to pay money , to whomsoever he may be , who is entitled to re- ceive it . Wherever a right is transferred , all the incidents attached to it go with it ; so that whatever obligation the defendant was ...
... obligation , in justice or equity , to pay money , to whomsoever he may be , who is entitled to re- ceive it . Wherever a right is transferred , all the incidents attached to it go with it ; so that whatever obligation the defendant was ...
Page 76
... no bill of " attainder , ex post facto law , or law impairing the obligation of contracts , " shall ever be passed by the legislature of this state . ” 1789 . Mongin and wife V. Stevens . incurred such 76 CASES IN THE SUPERIOR COURTS.
... no bill of " attainder , ex post facto law , or law impairing the obligation of contracts , " shall ever be passed by the legislature of this state . ” 1789 . Mongin and wife V. Stevens . incurred such 76 CASES IN THE SUPERIOR COURTS.
Other editions - View all
Common terms and phrases
act of assembly action admitted affidavit afterwards appeared assignment assumpsit bail bill of exchange bond Charleston chose in action clause commissioners common law contended contract counsel counterfeit county court court of wardens covenant creditors damages debt debtor deed defendant defendant's discount district dower drawer entitled evidence execution Executors fraud give given GRIMKE ground hands heirs Heyward indictment indorsement insolvent intention judges judgment jurisdiction jury justice Kennedy land legislature levy liable Lord Mansfield ment mortgage motion negotiable negroes Ninety-six District obligation obligor offence opinion original paid party passed payable payment person Pinckney plaintiff pleaded present principles Pringle prisoner promissory notes proved purchase question reason recover rule Rutledge scire facias sheriff shew sold South-Carolina statute statute of Anne statute of frauds suit Term testator thing tion tract trial trover usurious verdict void warranty WATIES witnesses words
Popular passages
Page 151 - 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 406 - Courts of equity from the earliest times thought the doctrine too absurd for them to adopt ; and, therefore, they always acted in direct contradiction to it. And we shall soon see that courts of law also altered their language on the subject very much.
Page 76 - No bill of attainder, ex post facto law, or law impairing the obligation of contracts, shall ever be passed.
Page 175 - A fair voluntary conveyance may be good against creditors, notwithstanding its being voluntary. The circumstance of a man being indebted at the time of his making a voluntary conveyance, is an argument of fraud. The question, therefore, in every case is, whether the act done is a bona fide transaction, or whether it is a trick and contrivance to defeat creditors.
Page 98 - We are, therefore, bound to give such construction to this enacting clause of the Act of 1788, as will be consistent with justice and the dictates of natural reason, though contrary to the strict letter of the law...
Page 507 - If the thing of which she is endowed be divisible, her dower must be set out by metes and bounds ; but if it be indivisible, she must be endowed specially ; as of the third presentation to a church, the third toll-dish of a mill, the third part of the profits of an office, the third sheaf of tithe, and the like (e).
Page 60 - So if a man take a horse from another, and bring him back again, an action of trespass will not lie against his executor, though it would against him; but an action for the use and hire of the horse will lie against the executor.
Page 98 - In the present instance, we have an act before us, which, were the strict letter of it applied to the case of the present claimants, would be evidently against common reason. But we would not do the legislature who passed this act so much injustice as to sit here and say that it was their intention to make a forfeiture ot property brought in here as this was.