Reports of Cases at Law Argued and Determined in the Court of Appeals and Court of Errors of South Carolina, Volume 15A.S. Johnston, 1869 - Equity |
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13 Stat alleged amount April assumpsit authority Bank bills charge Charleston charter Columbia common law concurred Confederate Constitution contract Court was delivered cow stealing currency debt deceased declaration defendant District Court dollars DUNKIN duty entitled evidence execution exemption fact garnishee gold Graniteville Manufacturing ground of appeal held Honor indictment INGLIS issued James Conlin January judgment jurisdiction jurors jury justice Laffan land Legislature liable lien Margaret Brown ment mortgage mortgagor Moseley Motion dismissed nolle prosequi nulla bona offence opinion ordinance owner paid party payable payment person plaintiff possession presiding Judge prisoner prohibition promise promissory note proof prosecution question Railroad Company receive recover rendered rent Rich rule sheriff Silman South Carolina Southern Express Co Southern Express Company statute of limitations Strob tax collector taxation tenant testator testimony thereof Thomas Eakin tion trial verdict Vide Criminal Law witness writ
Popular passages
Page 80 - It is admitted that the power of taxing the people and their property is essential to the very existence of government, and may be legitimately exercised on the objects to which it is applicable, to the utmost extent to which the government may choose to carry it. The only security against the abuse of this power is found in the structure of the government itself. In imposing a tax the legislature acts upon its constituents. This is in general a sufficient security against erroneous and oppressive...
Page 140 - And be it further enacted, That the bills or notes of the said corporation originally made payable, or which shall have become payable on demand, shall be receivable in all payments to the United States, unless otherwise directed by act of Congress.
Page 127 - We must examine the Constitution itself to see whether this process be in conflict with any of its provisions. If not found to be so, we must look to those settled usages and modes of proceeding existing in the common and statute law of England before the emigration of our ancestors, and which are shown not to have been unsuited to their civil and political condition, by having been acted on by them after the settlement of this country.
Page 73 - That the power of taxation is one of vital importance ; that it is retained by the states; that it is not abridged by the grant of a similar power to the government of the Union ; that it is to be concurrently exercised by the two governments; are truths which have never been denied.
Page 121 - In the name of the people of the State of Illinois; and all prosecutions shall be carried on in the name and by the authority of the people of the State of Illinois; and conclude: Against the peace and dignity of the same.
Page 289 - In one word, the gist of this kind of action is, that the defendant, upon the circumstances of the case, is obliged by the ties of natural justice and equity to refund the money.
Page 297 - ... transactions are prohibited by positive statutes, for the sake of protecting one set of men from another set of men ; the one from their situation and condition being liable to be oppressed or imposed upon by the other ; there the parties are not in pari delicto, and in furtherance of these statutes the person injured, after the transaction is finished and completed, may bring his action and defeat the contract.
Page 70 - That no free man shall be taken or imprisoned, or disseized of his freehold, liberties, or privileges, or outlawed, or exiled, or in any manner destroyed or deprived of his life, liberty, or property, but by the judgment of his peers, or the law of the land.
Page 80 - ... acknowledged right in another to build up; from the incompatibility of a right in one government to destroy what there is a right in another to preserve. We are not driven to the perplexing inquiry, so unfit for the judicial department, what degree of taxation is the legitimate use, and what degree may amount to the abuse of the power.
Page 109 - SECTION 1. The legislative authority of this State shall be vested in a General Assembly, which shall consist of a Senate and House of Representatives...