Reports of Cases Heard and Determined by the Supreme Court of South Carolina, Volume 115 |
From inside the book
Results 1-5 of 92
Page 2
... proper to be submitted to jury . 5. VENDOR AND PURCHASER - EVIDENCE HELD TO WARRANT FINDING PLAINTIFF'S POSSESSION WAS NOT SURRENDERED AND THAT DEFEND- ANT VENDEE HAD NOTICE . - In an action for withholding possession of lands ...
... proper to be submitted to jury . 5. VENDOR AND PURCHASER - EVIDENCE HELD TO WARRANT FINDING PLAINTIFF'S POSSESSION WAS NOT SURRENDERED AND THAT DEFEND- ANT VENDEE HAD NOTICE . - In an action for withholding possession of lands ...
Page 6
... proper instructions as to when a possession might be said to be vacant . There was testi- mony that John H. Cathcart had been in actual possession of the storehouse for a long time before Matthews bought ; that his possession was open ...
... proper instructions as to when a possession might be said to be vacant . There was testi- mony that John H. Cathcart had been in actual possession of the storehouse for a long time before Matthews bought ; that his possession was open ...
Page 9
... proper parties as a highway , but was partly on land of appellant , and the so - called obstruction was not on the highway , but on land of appellant , and his Honor , in his charge complained of , invaded the province of the jury when ...
... proper parties as a highway , but was partly on land of appellant , and the so - called obstruction was not on the highway , but on land of appellant , and his Honor , in his charge complained of , invaded the province of the jury when ...
Page 14
... proper cases . A man may kill his fellow man , but it must be a case of necessity , and he must make the necessity apparent at his peril . The Court of chancery has the power to order the sale and divest the interests of infants , but ...
... proper cases . A man may kill his fellow man , but it must be a case of necessity , and he must make the necessity apparent at his peril . The Court of chancery has the power to order the sale and divest the interests of infants , but ...
Page 26
... and liability for suit : 77 S. C. 12 ; 221 U. S. 648 ; 55 L. Ed . 890. No distinction between municipal corporations proper and quasi - corpora- 22 ] April Term , 1920 . tions charged with 26 MULLINAX v . HAMBRIGHT .
... and liability for suit : 77 S. C. 12 ; 221 U. S. 648 ; 55 L. Ed . 890. No distinction between municipal corporations proper and quasi - corpora- 22 ] April Term , 1920 . tions charged with 26 MULLINAX v . HAMBRIGHT .
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Common terms and phrases
affirmed agent alleged answer April Term attorney bill of lading bond carrier cause of action Cherokee County CHIEF JUSTICE GARY Circuit Judge cite claim Coast Line Code complaint concur contract contributory negligence conveyed cotton Court of equity Court was delivered damages death deceased December 20 decree deed defendant appeals defendant's demurrer direct a verdict directed verdict duty entitled equity error evidence exceptions fact GAGE grantee grantor ground held Honor erred husband injury intention issue judgment JUSTICE FRASER JUSTICE WATTS JUSTICES HYDRICK killing land liability manslaughter ment Messrs Middleton Place mortgage motion mutual mistake negligence nonsuit October Term opinion overruled parties plaintiff possession presiding Judge purchase question railroad Railway reason reformation refused res adjudicata respondent reversed rule shipment South Carolina Sovereign Camp statute Strob surety sustained testimony thereof timber tion tract trial trust wife witness
Popular passages
Page 27 - Be it therefore enacted, that whensoever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...
Page 51 - A holder in due course is a holder who has taken the instrument under the following conditions: (1) That it is complete and regular upon its face; (2) That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact; (3) That he took it in good faith and for value; (4) That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it.
Page 563 - The objection, that the action was not commenced within the time limited, can be taken only by answer.
Page 482 - ... thereof, and all the estate, right, title, interest, inheritance...
Page 482 - TOGETHER with all and singular the tenements, hereditaments, and appurtenances thereunto belonging or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and also all the estate, right, title, interest...
Page 290 - The Court may change the place of trial in the following cases : 1. When the County designated for that purpose in the complaint is not the proper County ; 2. When there is reason to believe that an impartial trial cannot be had therein ; 3. When the convenience of witnesses and the ends of justice would be promoted by the change.
Page 225 - Claims for loss, damage, or delay must be made in writing to the carrier at the point of delivery or at the point of origin within four months after delivery of the property, or in case of failure to make delivery, then within four months after a reasonable time for delivery has elapsed. Unless claims are so made, the carrier shall not be liable.
Page 523 - We are of opinion that the judge presiding at the trial was right and that the Supreme Court was wrong. Even if there had been any duty on the part of the Telegraph Company to confine the transmission to North Carolina, it did not do so. The transmission of a message through two states is interstate commerce as a matter of fact.
Page 51 - ... and that at the time the bill was negotiated to him he had no notice of any defect in the title of the person who negotiated it.
Page 31 - This Is an action for damages, alleged to have been sustained by the plaintiff, through the...