The Code of civil procedure, and the Criminal statutes. Approved by the General assembly of 1893. Also the constitutions of the United States and of the state, and the rules of the Supreme and of the Circuit courts of the stateC.A. Calvo, jr., state printer, 1894 - Law |
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Common terms and phrases
affidavit aforesaid alleged amended answer appeal apply appointed arrest Assembly attachment attorney bail cause of action CHAPTER charge Circuit Court civil action claim Clerk commenced committed Common Pleas complaint Constable Constitution conviction thereof copy Coroner corporation costs counter-claim County Court of Common damages debt debtor deceased deemed guilty defendant demurrer discretion docketed duty election entitled exceeding execution fact felony filed fourth Monday granted habeas corpus imprisonment indictment issue jail Judge judgment judgment debtor jurisdiction jurors jury liable lien liquors manner ment misdemeanor motion notice oath offense party payment Penalty Penitentiary person or persons plaintiff pleading prescribed prisoner Probate Court proceedings prosecution provisional remedy punished real property recover refusing remittitur resident rules Section Sessions Sheriff South Carolina Statutes Strob Subdiv summons Supreme Court sureties term therein tion Trial Justice unless verdict violation warrant willfully witness
Popular passages
Page 66 - the court may, before or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect...
Page 55 - A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action ; 2.
Page 39 - An action against a sheriff or coroner upon a liability incurred by the doing of an act in his official capacity, and in virtue of his office, or by the omission of an official duty; including the non-payment of money collected upon an execution.
Page 39 - ... when the question is one of a common or general interest of many persons, or when the parties are numerous and it is impracticable to bring them all before the court, one or more may sue or defend for the benefit of all.
Page 41 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must then order them to be brought in.
Page 87 - ... 5. In the cases when a corporation has been dissolved, or is insolvent, or in imminent danger of insolvency, or has forfeited its corporate rights; 6.
Page 60 - In pleading the performance of conditions precedent in a contract, it shall not be necessary to state the facts showing such performance ; but it may be stated generally that the party duly performed all the conditions on his part...
Page 39 - Within the age of twenty-one years; or 2. Insane; or 3. Imprisoned on a criminal charge, or in execution under the sentence of a criminal court, for a term less than his natural life ; or 4.
Page 44 - The court may, on motion, change the place of trial in the following cases: 1. When the county designated 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: 4.
Page 62 - ... (5) injuries to character; (6) injuries to person; (7) injuries to property. The causes of action so united must all belong to one only of these classes, and must affect all the parties to the action, and not require different places of trial, and must be separately stated...