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action adverse possession alleged Andrew Glover assignment assumpsit attorney bond charged Charleston charter claim Columbia Commissioners Common Law concurred corporation cotton Court of Equity Court was delivered creditors debt declaration decree deed defendant defendant's dollars duty election entitled escheat evidence execution fact Floyd fraud Glover Gowing granted grounds of appeal Hugh Hackett indictment intestate issue January John Loud judgment jury Keenan land Laurens liable license mandamus Mosely Motion dismissed moved this Court negro November and December O'Neall objection opinion party payment People's Bank persons plaintiff Planters and Mechanics possession powers of attorney presiding Judge prisoner proof proved purchase question quo warranto Railroad Company received refused replevin rule shares sheriff sheriff's deed slave Stat Strob subscribers subscriptions sureties testator tion trial verdict votes Wardlaw Whitner wife William Hackett Withers witness writ writ of mandamus
Page 271 - It is an imperative rule of the law of mandamus, that, previously to the making of the application to the Court for a writ to command the performance of any particular act, an express and distinct demand or request to perform it, must have been made by the prosecutor to the...
Page 480 - I take it a mind and memory competent to dispose of property, when it is a little explained, perhaps may stand thus, — having that degree of recollection about him that would enable him to look about the property he had to dispose of, and the persons to whom he wished to dispose of it. If he had a power of summoning up his mind, so as to know what his property was, and who those persons were that then were the objects of his bounty, then he was competent to make his will.
Page 271 - It was introduced to prevent disorder, from a failure of justice and defect of police. Therefore it ought to be used upon all occasions where the law has established no specific remedy, and where in justice and good government there ought to be one.
Page 130 - In witness whereof, the master or purser of the said vessel hath affirmed to C. D bills of lading, all of this tenor and date; one of which being accomplished, the others to stand void.
Page 480 - He may not have sufficient strength of memory and vigor of intellect to make and to digest all the parts of a contract, and yet be competent to direct the distribution of his property by will.
Page 370 - is a right to exercise a public function or employment, and to take the fees and emoluments belonging to it.
Page 168 - License has issued now if there be no lawful cause to obstruct the said marriage then the above obligation to be void or else to remain in full force and virtue.
Page 164 - ... happens that persons, more especially those in the station of life in which the plaintiff is, pack their own clothes, and in such cases it must be always impossible to give evidence of the precise contents of their boxes or portmanteaus. I should therefore recommend you, if you find for the plaintiff, to give damages proportioned to the value of the articles which you in your judgment think the box might and did fairly contain (a).
Page 271 - Hence it is an imperative rule that, previous to making application for a writ to command the performance of any particular act, an express and distinct demand or request to perform it must have been made by the relator or prosecutor upon the defendant; and it must appear that he refused to comply with such demand, either in direct terms, or by conduct from which a refusal can be conclusively inferred.
Page 371 - Any man is a public officer who hath any duty concerning the public, and he is not the less a public officer where his authority is confined to narrow limits; for it is the duty of his office and the nature of that duty which make him an officer, and not the extent of his authority.