Cases at Law, Argued and Determined in the Court of Appeals of South Carolina: From November, 1839, to May, 1840, Both Inclusive, Volume 1

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McCarter & Dawson, 1860 - Law reports, digests, etc - 312 pages
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Page 10 - The principal rule as to the mode of stating the facts is, that they must be set forth with certainty, by which term is signified a clear and distinct statement of the facts which constitute the cause of action or ground of defense, so that they may be understood by the party who is to answer them, by the jury who are to ascertain the truth of the allegations, and by the court who are to give judgment.
Page 239 - From the variety of cases relative to judgments being given in evidence in civil suits these two deductions seem to follow as generally true: First, that the judgment of a court of concurrent jurisdiction directly upon the point is as a plea a bar, or as evidence, conclusive between the same parties upon the same matter directly in question in another court...
Page 164 - And if any person shall, on a sudden heat or passion or by undue correction, kill his own slave or the slave of any other person, he shall forfeit the sum of three hundred and fifty pounds current money.
Page 44 - A party never shall be permitted to produce general evidence to discredit his own witness, for that would be to enable 'him to destroy the witness if he spoke against him...
Page 255 - It is not the recovery, but the matter alleged by the party, and upon which the recovery proceeds, which creates the estoppel. The recovery of itself in an action of trespass is only a bar to the future recovery of damages for the same injury ; but the estoppel precludes parties and privies from contending to the contrary of that point or matter of fact, which, having been once distinctly put in issue by them, or by those to whom they are privy in estate or law, has been, on such issue joined, solemnly...
Page 281 - The last requisite to the validity of a deed is the attestation, or execution of it in the presence of witnesses: though this is necessary, rather for preserving the evidence, than for constituting the essence of the deed.
Page 229 - Forasmuch as intolerable Hurts and Troubles to the Commonwealth of this Realm doth daily grow and increase through such Abuses and Disorders as are had and used in common Alehouses and other Houses called Tipling houses': (2) it is therefore enacted by the King our Sovereign Lord, etc.
Page 21 - Thou art a drunken fool and and an ass; thou wert never a scholar and art not worthy to speak to us," spoken regarding a physician, were held actionable in Cawdry v. Highley (1632) Cro Car 270, 79 Eng Reprint 835. Where the plain and obvious meaning of words, when taken together, imputes to the plaintiff a want of proper qualification for his profession or business of surgeon and accoucheur, they...
Page 80 - State, and having resided therein two years previous to the day of election, and who hath a freehold of fifty acres of land, or a town lot, of which he hath been legally seized and possessed, at least six months before such election, or, not having...
Page 30 - ... and if the defendant die after such interlocutory judgment and before final judgment therein obtained, the said action shall not abate, if such action might be originally prosecuted or maintained against the executor or administrator of such defendant...

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