Reports of Cases Heard and Determined by the Supreme Court of South Carolina, Volume 113 |
From inside the book
Results 1-5 of 100
Page 9
... exceptions except those numbered 10 , 11 , 18 and 20 . The exception numbered 10 cannot be sustained for the reason that , if his Honor , the presiding Judge , had charged as requested , it would have been in violation of 5 article V ...
... exceptions except those numbered 10 , 11 , 18 and 20 . The exception numbered 10 cannot be sustained for the reason that , if his Honor , the presiding Judge , had charged as requested , it would have been in violation of 5 article V ...
Page 33
... exceptions assign error on the part of his Honor , the Circuit Judge , as follows : " In sustaining the mortgage as a duly recorded instru- ment , when the undisputed evidence is that W. H. Millen , the witness who made the affidavit ...
... exceptions assign error on the part of his Honor , the Circuit Judge , as follows : " In sustaining the mortgage as a duly recorded instru- ment , when the undisputed evidence is that W. H. Millen , the witness who made the affidavit ...
Page 34
... exception is not properly before the Court for consideration ; it being purely aca- demic . We proceed to determine the other exceptions : Section 3453 of the Code of Laws ( Civ . Code ) , is as follows : " The following form or purport ...
... exception is not properly before the Court for consideration ; it being purely aca- demic . We proceed to determine the other exceptions : Section 3453 of the Code of Laws ( Civ . Code ) , is as follows : " The following form or purport ...
Page 37
... exceptions that will be considered are as fol- lows : “ ( 1 ) In overruling appellants ' demurrer to the first cause of action on the ground that the mortgage debt 5,6 was not mature , at the commencement of the action . ( 2 ) In not ...
... exceptions that will be considered are as fol- lows : “ ( 1 ) In overruling appellants ' demurrer to the first cause of action on the ground that the mortgage debt 5,6 was not mature , at the commencement of the action . ( 2 ) In not ...
Page 46
... exceptions referred to in the opinion : Complaint . The following is the complaint , omitting for- mal parts : The plaintiff alleged that on April 8 , 1917 , while in an automobile , the property of her husband , accompanied by her ...
... exceptions referred to in the opinion : Complaint . The following is the complaint , omitting for- mal parts : The plaintiff alleged that on April 8 , 1917 , while in an automobile , the property of her husband , accompanied by her ...
Other editions - View all
Common terms and phrases
affirmed agent alleged amount attorney cause of action charged the jury CHIEF JUSTICE GARY Circuit Court Circuit Judge cited city council claim Cockfield Code common law complaint construed contract Court was delivered Cypress Company death deceased decree deed defendant appeals defendant's entitled error estopped evidence exceptions executed executor fact fraud ground Harry Foster heirs Honor erred injury issue January 26 Judgment for plaintiff JUSTICE FRASER JUSTICE HYDRICK JUSTICE WATTS land liable Lumber ment Messrs mortgage motion negligence nonsuit notice October Term opinion Orangeburg county overruled parties payment person Pine & Cypress plaintiff presiding Judge punitive damages purchase question railroad refusing release res judicata respondent reversed Richland county rule South Carolina Southern Railway Southern Railway Company statute Strob submit Sumter Pine sustained Syllabus tenant testator testimony thereof timber tion tract trial verdict witness
Popular passages
Page 134 - That carriers while under Federal control shall be subject to all laws and liabilities as common carriers, whether arising under State or Federal laws, or at common law...
Page 449 - An Act to authorize the establishment of a Bureau of War Risk Insurance in the Treasury Department...
Page 36 - ... the persons in whose behalf any such suit, action, or other proceeding may be brought or defended, shall, except as hereinafter excepted, be competent and compellable to give evidence, either viva voce or by deposition, according to the practice of the court, on behalf of either or any of the parties to the said suit, action, or other proceeding.
Page 347 - The amount of any loss or damage for which any carrier is liable shall be computed on the basis of the value of the property (being the bona fide invoice price, if any, to the consignee^ including the freight charges, if prepaid) at the place and time of shipment...
Page 290 - ... clear law that a person who wrongfully and maliciously, or, which is the same thing, with notice, interrupts the relation subsisting between master and servant by procuring the servant to depart from the master's service, or by...
Page 551 - The General Assembly shall provide by general laws for the organization and classification of cities and towns. The number of such classes shall not exceed four, and the powers of each class shall be defined by general laws, so that all municipal corporations of the same class shall possess the same powers and be subject to the same restrictions.
Page 334 - that a sale of any portion of a stock of merchandise otherwise than in the ordinary course of trade in the regular and usual prosecution of the seller's business, or a sale of an entire stock of merchandise in bulk, will be presumed to be fraudulent and void as against the creditors of the seller...
Page 50 - ... bridge, dam, curve or descent, a person operating a motor vehicle shall .have it under control and operate it at a rate of speed...
Page 292 - A clear distinction exists between peonage and the voluntary performance of labor or rendering of services in payment of a debt. In the latter case the debtor, though contracting to pay his indebtedness by labor or service, and subject like any other contractor to an action for damages for breach of that contract, can elect at any time to break it, and no law or force compels performance or a continuance of the service.
Page 170 - An issue of fact, in an action for the recovery of money only, or of specific, real or personal property, or for a divorce from the marriage contract on the ground of adultery, must be tried by a jury, unless a jury trial be waived as provided in section 2.'uJ.