The State of South Carolina V. the Bank of South Carolina; Transcript of Pleadings and Appeal Brief, with Notes of Argument and Authorities on Behalf of the State, Prepared for the Argument of the Above Cause, Before the Court of Errors

The State of South Carolina V. the Bank of South Carolina; Transcript of Pleadings and Appeal Brief, with Notes of Argument and Authorities on Behalf of the State, Prepared for the Argument of the Above Cause, Before the Court of Errors

By (author) 

List price: US$19.99

Currently unavailable

Add to wishlist

AbeBooks may have this title (opens in new window).

Try AbeBooks

Description

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1843 edition. Excerpt: ...and Lord Coke speaks of it expressly as a judgment of forfeiture. 4 Inst. 228. The judgments against Berkhamstead, and New Malton, were evidently regarded as final, for they ceased to be corporations from that day; and this seems indeed to be admitted by Mr. Pollexfen as to New Malton: but then he denies that that case is law. Indeed both Treby, and Pollexfen, are guilty in their arguments of perpetual inconsistencies, and shifting of ground, which greatly impair the force of their positions, and were indeed unworthy of their learning and ability, and the noble cause they were appointed to defend. At first they deny that franchises are liable to forfeiture for abuse; then this is conceded, and it is insisted that being a corporation is no franchise, but a mere capacity: this, however, seems at last to be yielded, but then it is contended, that the judgments were only of seizure, and that the charters were eventually restored; as if a judgment of seizure, being in its nature interlocutory, did not necessarily imply the right to a judgment of forfeiture, if it had been demanded. 3 T. R. 553. Finally, when records are produced containing the fatal words forisfacta and forfeit; or corporations are shewn to have become extinct since the judgment against them; then the records, or the law, are denied, or the cases are alleged to have occurred in rude times. This last objection is applied to a large number of cases, but it is one, which zealous advocates of the people's rights, like Treby, and Pollexfen, should have hesitated to suggest. The records of these rude times constitute the muniments of English liberty; and he is not to be envied, whose soul does not kindle with enthusiasm, when he peruses those ancient records of the freedom of his ancestors, ...show more

Product details

  • Paperback | 102 pages
  • 189 x 246 x 5mm | 195g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236511883
  • 9781236511881