elementary principle (South Carolina) · Go Syfert
← South Carolina issues

elementary principle in South Carolina

19 South Carolina opinions name it 2 courts 1907–2018 0 in the last five years

The cases below were cited by South Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (12)

CaseFollowedCited
Hardaway v. Southern Railwaygreen
sc · 1912 · cited in 3 South Carolina opinions naming this issue, 1954–2018
2 sentences

2018Co., 90 S.C. 475, 488-89 , 73 S.E. 1020, 1025 (1912) ("It is an elementary principle that no action will lie to recover money voluntarily paid with full knowledge of all the facts" and "'without any fraud, duress, or extortion, although no obligation to make such payment existed.'" (quoting 30 Cyc. 1298)); Moody v. Stem, 214 S.C. 45, 60 , 51 S.E.2d 163, 169 (1948) ("Ordinarily money voluntarily paid on a claim of right, with full knowledge of all the facts, in the absence of fraud, duress, or compulsion, cannot be recovered back merely because the aggrieved party was ignorant of the law relati

2018Co., 90 S.C. 475, 488-89 , 73 S.E. 1020, 1025 (1912) ("It is an elementary principle that no action will lie to recover money voluntarily paid with full knowledge of all the facts" and "'without any fraud, duress, or extortion, although no obligation to make such payment existed.'" (quoting 30 Cyc. 1298)); Moody v. Stem, 214 S.C. 45, 60 , 51 S.E.2d 163, 169 (1948) ("Ordinarily money voluntarily paid on a claim of right, with full knowledge of all the facts, in the absence of fraud, duress, or compulsion, cannot be recovered back merely because the aggrieved party was ignorant of the law relati

23
Pond Place Partners, Inc. v. Poolegreen
scctapp · 2002 · cited in 1 South Carolina opinions naming this issue, 2018–2018
2 sentences

2018As to whether the trial court erred in imposing a two-year statute of limitations on its slander of title cause of action: Pond Place Partners, Inc. v. Poole, 351 S.C. 1, 18 , 567 S.E.2d 881, 890 (Ct. App. 2002) ("The term 'slander of title' is defined as a false and malicious statement, oral or written, made in disparagement of a person's title to real or personal property, causing him injury." (quoting 50 Am.

2018As to whether the trial court erred in imposing a two-year statute of limitations on its slander of title cause of action: Pond Place Partners, Inc. v. Poole, 351 S.C. 1, 18 , 567 S.E.2d 881, 890 (Ct. App. 2002) ("The term 'slander of title' is defined as a false and malicious statement, oral or written, made in disparagement of a person's title to real or personal property, causing him injury." (quoting 50 Am.

11
Moody v. Stemgreen
· 1948 · cited in 1 South Carolina opinions naming this issue, 2018–2018
2 sentences

2018Co., 90 S.C. 475, 488-89 , 73 S.E. 1020, 1025 (1912) ("It is an elementary principle that no action will lie to recover money voluntarily paid with full knowledge of all the facts" and "'without any fraud, duress, or extortion, although no obligation to make such payment existed.'" (quoting 30 Cyc. 1298)); Moody v. Stem, 214 S.C. 45, 60 , 51 S.E.2d 163, 169 (1948) ("Ordinarily money voluntarily paid on a claim of right, with full knowledge of all the facts, in the absence of fraud, duress, or compulsion, cannot be recovered back merely because the aggrieved party was ignorant of the law relati

2018Co., 90 S.C. 475, 488-89 , 73 S.E. 1020, 1025 (1912) ("It is an elementary principle that no action will lie to recover money voluntarily paid with full knowledge of all the facts" and "'without any fraud, duress, or extortion, although no obligation to make such payment existed.'" (quoting 30 Cyc. 1298)); Moody v. Stem, 214 S.C. 45, 60 , 51 S.E.2d 163, 169 (1948) ("Ordinarily money voluntarily paid on a claim of right, with full knowledge of all the facts, in the absence of fraud, duress, or compulsion, cannot be recovered back merely because the aggrieved party was ignorant of the law relati

11
Simmons v. City of Columbiagreen
sc · 1984 · cited in 1 South Carolina opinions naming this issue, 2013–2013
2 sentences

2013See Adams v. Texfi Indus., 320 S.C. 213, 217 , 464 S.E.2d 109, 112 (1995) (“In construing a statute, the Court looks to its language as a whole in light of its manifest purpose.” (citing Simmons v. City of Columbia, 280 S.C. 163 , 311 S.E.2d 732 (1984))); Cokeley v. Robert Lee, Inc., 197 S.C. 157, 169 , 14 S.E.2d 889, 894 (1941) (“While it is an elementary rule of construction that words used in a statute should be given their plain and ordinary meaning this, as all other rules, is subject to the prime object of ascertaining and giving effect to the legislative intention.

2013See Adams v. Texfi Indus., 320 S.C. 213, 217 , 464 S.E.2d 109, 112 (1995) (“In construing a statute, the Court looks to its language as a whole in light of its manifest purpose.” (citing Simmons v. City of Columbia, 280 S.C. 163 , 311 S.E.2d 732 (1984))); Cokeley v. Robert Lee, Inc., 197 S.C. 157, 169 , 14 S.E.2d 889, 894 (1941) (“While it is an elementary rule of construction that words used in a statute should be given their plain and ordinary meaning this, as all other rules, is subject to the prime object of ascertaining and giving effect to the legislative intention.

11
Adams v. Texfi Industriesgreen
sc · 1995 · cited in 1 South Carolina opinions naming this issue, 2013–2013
2 sentences

2013See Adams v. Texfi Indus., 320 S.C. 213, 217 , 464 S.E.2d 109, 112 (1995) (“In construing a statute, the Court looks to its language as a whole in light of its manifest purpose.” (citing Simmons v. City of Columbia, 280 S.C. 163 , 311 S.E.2d 732 (1984))); Cokeley v. Robert Lee, Inc., 197 S.C. 157, 169 , 14 S.E.2d 889, 894 (1941) (“While it is an elementary rule of construction that words used in a statute should be given their plain and ordinary meaning this, as all other rules, is subject to the prime object of ascertaining and giving effect to the legislative intention.

2013See Adams v. Texfi Indus., 320 S.C. 213, 217 , 464 S.E.2d 109, 112 (1995) (“In construing a statute, the Court looks to its language as a whole in light of its manifest purpose.” (citing Simmons v. City of Columbia, 280 S.C. 163 , 311 S.E.2d 732 (1984))); Cokeley v. Robert Lee, Inc., 197 S.C. 157, 169 , 14 S.E.2d 889, 894 (1941) (“While it is an elementary rule of construction that words used in a statute should be given their plain and ordinary meaning this, as all other rules, is subject to the prime object of ascertaining and giving effect to the legislative intention.

11
Cokeley v. Robert Lee, Inc.green
sc · 1941 · cited in 1 South Carolina opinions naming this issue, 2013–2013
2 sentences

2013See Adams v. Texfi Indus., 320 S.C. 213, 217 , 464 S.E.2d 109, 112 (1995) (“In construing a statute, the Court looks to its language as a whole in light of its manifest purpose.” (citing Simmons v. City of Columbia, 280 S.C. 163 , 311 S.E.2d 732 (1984))); Cokeley v. Robert Lee, Inc., 197 S.C. 157, 169 , 14 S.E.2d 889, 894 (1941) (“While it is an elementary rule of construction that words used in a statute should be given their plain and ordinary meaning this, as all other rules, is subject to the prime object of ascertaining and giving effect to the legislative intention.

2013See Adams v. Texfi Indus., 320 S.C. 213, 217 , 464 S.E.2d 109, 112 (1995) (“In construing a statute, the Court looks to its language as a whole in light of its manifest purpose.” (citing Simmons v. City of Columbia, 280 S.C. 163 , 311 S.E.2d 732 (1984))); Cokeley v. Robert Lee, Inc., 197 S.C. 157, 169 , 14 S.E.2d 889, 894 (1941) (“While it is an elementary rule of construction that words used in a statute should be given their plain and ordinary meaning this, as all other rules, is subject to the prime object of ascertaining and giving effect to the legislative intention.

11
Futch v. McAllister Towing of Georgetown, Inc.green
sc · 1999 · cited in 1 South Carolina opinions naming this issue, 2009–2009
2 sentences

2009Co. of Sumter, Inc. , 357 S.C. 363, 367 , 593 S.E.2d 170, 172 (Ct. App. 2004) (holding an action for breach of contract seeking damages is an action at law); Sea Cabins on the Ocean IV Homeowners Ass'n, Inc. v. City of North Myrtle Beach , 337 S.C. 380, 388 , 523 S.E.2d 193, 197 (Ct. App. 1999) (stating in an action at law, an appellate court must affirm a master's factual findings unless no evidence reasonably supporting those findings); Parks v. Lyons , 219 S.C. 40, 48 , 64 S.E.2d 123, 126 (1951) ("It is an elementary principle that one who seeks to recover damages for the breach of a contra

2009Co. of Sumter, Inc. , 357 S.C. 363, 367 , 593 S.E.2d 170, 172 (Ct. App. 2004) (holding an action for breach of contract seeking damages is an action at law); Sea Cabins on the Ocean IV Homeowners Ass'n, Inc. v. City of North Myrtle Beach , 337 S.C. 380, 388 , 523 S.E.2d 193, 197 (Ct. App. 1999) (stating in an action at law, an appellate court must affirm a master's factual findings unless no evidence reasonably supporting those findings); Parks v. Lyons , 219 S.C. 40, 48 , 64 S.E.2d 123, 126 (1951) ("It is an elementary principle that one who seeks to recover damages for the breach of a contra

11
Electro-Lab of Aiken, Inc. v. Sharp Construction Co. of Sumter, Inc.green
scctapp · 2004 · cited in 1 South Carolina opinions naming this issue, 2009–2009
2 sentences

2009Co. of Sumter, Inc. , 357 S.C. 363, 367 , 593 S.E.2d 170, 172 (Ct. App. 2004) (holding an action for breach of contract seeking damages is an action at law); Sea Cabins on the Ocean IV Homeowners Ass'n, Inc. v. City of North Myrtle Beach , 337 S.C. 380, 388 , 523 S.E.2d 193, 197 (Ct. App. 1999) (stating in an action at law, an appellate court must affirm a master's factual findings unless no evidence reasonably supporting those findings); Parks v. Lyons , 219 S.C. 40, 48 , 64 S.E.2d 123, 126 (1951) ("It is an elementary principle that one who seeks to recover damages for the breach of a contra

2009Co. of Sumter, Inc. , 357 S.C. 363, 367 , 593 S.E.2d 170, 172 (Ct. App. 2004) (holding an action for breach of contract seeking damages is an action at law); Sea Cabins on the Ocean IV Homeowners Ass'n, Inc. v. City of North Myrtle Beach , 337 S.C. 380, 388 , 523 S.E.2d 193, 197 (Ct. App. 1999) (stating in an action at law, an appellate court must affirm a master's factual findings unless no evidence reasonably supporting those findings); Parks v. Lyons , 219 S.C. 40, 48 , 64 S.E.2d 123, 126 (1951) ("It is an elementary principle that one who seeks to recover damages for the breach of a contra

11
Sea Cabins on the Ocean IV Homeowners Ass'n v. City of North Myrtle Beachgreen
scctapp · 1999 · cited in 1 South Carolina opinions naming this issue, 2009–2009
2 sentences

2009Co. of Sumter, Inc. , 357 S.C. 363, 367 , 593 S.E.2d 170, 172 (Ct. App. 2004) (holding an action for breach of contract seeking damages is an action at law); Sea Cabins on the Ocean IV Homeowners Ass'n, Inc. v. City of North Myrtle Beach , 337 S.C. 380, 388 , 523 S.E.2d 193, 197 (Ct. App. 1999) (stating in an action at law, an appellate court must affirm a master's factual findings unless no evidence reasonably supporting those findings); Parks v. Lyons , 219 S.C. 40, 48 , 64 S.E.2d 123, 126 (1951) ("It is an elementary principle that one who seeks to recover damages for the breach of a contra

2009Co. of Sumter, Inc. , 357 S.C. 363, 367 , 593 S.E.2d 170, 172 (Ct. App. 2004) (holding an action for breach of contract seeking damages is an action at law); Sea Cabins on the Ocean IV Homeowners Ass'n, Inc. v. City of North Myrtle Beach , 337 S.C. 380, 388 , 523 S.E.2d 193, 197 (Ct. App. 1999) (stating in an action at law, an appellate court must affirm a master's factual findings unless no evidence reasonably supporting those findings); Parks v. Lyons , 219 S.C. 40, 48 , 64 S.E.2d 123, 126 (1951) ("It is an elementary principle that one who seeks to recover damages for the breach of a contra

11
Parks v. LYONSgreen
sc · 1951 · cited in 1 South Carolina opinions naming this issue, 2009–2009
2 sentences

2009Co. of Sumter, Inc. , 357 S.C. 363, 367 , 593 S.E.2d 170, 172 (Ct. App. 2004) (holding an action for breach of contract seeking damages is an action at law); Sea Cabins on the Ocean IV Homeowners Ass'n, Inc. v. City of North Myrtle Beach , 337 S.C. 380, 388 , 523 S.E.2d 193, 197 (Ct. App. 1999) (stating in an action at law, an appellate court must affirm a master's factual findings unless no evidence reasonably supporting those findings); Parks v. Lyons , 219 S.C. 40, 48 , 64 S.E.2d 123, 126 (1951) ("It is an elementary principle that one who seeks to recover damages for the breach of a contra

2009Co. of Sumter, Inc. , 357 S.C. 363, 367 , 593 S.E.2d 170, 172 (Ct. App. 2004) (holding an action for breach of contract seeking damages is an action at law); Sea Cabins on the Ocean IV Homeowners Ass'n, Inc. v. City of North Myrtle Beach , 337 S.C. 380, 388 , 523 S.E.2d 193, 197 (Ct. App. 1999) (stating in an action at law, an appellate court must affirm a master's factual findings unless no evidence reasonably supporting those findings); Parks v. Lyons , 219 S.C. 40, 48 , 64 S.E.2d 123, 126 (1951) ("It is an elementary principle that one who seeks to recover damages for the breach of a contra

11
Duncan Ex Rel. Will of Duncan v. Investors Diversified Services, Inc.green
sc · 1985 · cited in 1 South Carolina opinions naming this issue, 1997–1997
2 sentences

1997Inc., 285 S.C. 467, 470 , 330 S.E.2d 295, 296 (1985) (“Generally, and by analogy, with respect to an ordinary life insurance policy, it is an elementary principle of law that if a policy is validly issued, then, in the absence of a contrary provision in the policy, a contrary statute, or a contrary insurance regulation, the rights of the beneficiary are not affected even though the beneficiary ceases to have an insurable interest in the life of the insured.”).

1997Inc., 285 S.C. 467, 470 , 330 S.E.2d 295, 296 (1985) (“Generally, and by analogy, with respect to an ordinary life insurance policy, it is an elementary principle of law that if a policy is validly issued, then, in the absence of a contrary provision in the policy, a contrary statute, or a contrary insurance regulation, the rights of the beneficiary are not affected even though the beneficiary ceases to have an insurable interest in the life of the insured.”).

11
State v. Cockerhamgreen
sc · 1988 · cited in 1 South Carolina opinions naming this issue, 1990–1990
2 sentences

1990See State v. Cockerham , 294 S.C. 380 , 365 S.E. (2d) 22 (1988); State v. Linder , 276 S.C. 304 , 278 S.E. (2d) 335 (1981).

1990See State v. Cockerham , 294 S.C. 380 , 365 S.E. (2d) 22 (1988); State v. Linder , 276 S.C. 304 , 278 S.E. (2d) 335 (1981).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in South Carolina. Read the followed side critically anyway.

Also cited on this issue (12)

CaseCitedYears
Pennoyer v. Neff red
· 1878
2 sentences

1966And so it is laid down by jurists, as an elementary principle, that the laws of one State have no operation outside of its territory, except so far as is allowed by comity ; and that no tribunal established by it can extend its process beyond that territory so as to subject either persons or property to its decisions. * * *" (Emphasis added.) Pennoyer v. Neff , 95 U.S. 714 , 24 L.

1966And so it is laid down by jurists, as an elementary principle, that the laws of one State have no operation outside of its territory, except so far as is allowed by comity ; and that no tribunal established by it can extend its process beyond that territory so as to subject either persons or property to its decisions. * * *" (Emphasis added.) Pennoyer v. Neff , 95 U.S. 714 , 24 L.

41966–2006
State Ex Rel. Walker v. Sawyer green
sc · 1916
2 sentences

1942Walker v. Sawyer, 104 S. C., 342, 88 S. E., 894 , 895: While it is an elementary rule of construction that words used in a statute should be given their plain and ordinary meaning, this, as all other rules, is subject to the prime object of ascertaining and giving effect to the legislative intention.

1935Walker v. Sawyer, 104 S. C., 342, 88 S. E., 894 , 895 : “While it is an elementary rule of construction that words used in a statute should be given their plain and ordinary meaning, this, as all other rules, is subject to the prime object of ascertaining and giving effect to the legislative intention.

31935–1942
State v. Pickens green
sc · 1996
2 sentences

2010In support of his argument, Wiley cites to Doyle v. Ohio, 426 U.S. 610 , 96 S.Ct. 2240 , 49 L.Ed.2d 91 (1976); 2 State v. Primus, 349 S.C. 576 , 564 S.E.2d 103 (2002) 3 overruled on other grounds by State v. Gentry, 363 S.C. 93 , 610 S.E.2d 494 (2005); and State v. Pickens, 320 S.C. 528 , 466 S.E.2d 364 , (1996). 4 In the present matter, the trial court sustained Wiley’s objection and gave a curative instruction.

2010In support of his argument, Wiley cites to Doyle v. Ohio, 426 U.S. 610 , 96 S.Ct. 2240 , 49 L.Ed.2d 91 (1976); 2 State v. Primus, 349 S.C. 576 , 564 S.E.2d 103 (2002) 3 overruled on other grounds by State v. Gentry, 363 S.C. 93 , 610 S.E.2d 494 (2005); and State v. Pickens, 320 S.C. 528 , 466 S.E.2d 364 , (1996). 4 In the present matter, the trial court sustained Wiley’s objection and gave a curative instruction.

12010–2010
State v. Gentry green
sc · 2005
2 sentences

2010In support of his argument, Wiley cites to Doyle v. Ohio, 426 U.S. 610 , 96 S.Ct. 2240 , 49 L.Ed.2d 91 (1976); 2 State v. Primus, 349 S.C. 576 , 564 S.E.2d 103 (2002) 3 overruled on other grounds by State v. Gentry, 363 S.C. 93 , 610 S.E.2d 494 (2005); and State v. Pickens, 320 S.C. 528 , 466 S.E.2d 364 , (1996). 4 In the present matter, the trial court sustained Wiley’s objection and gave a curative instruction.

2010In support of his argument, Wiley cites to Doyle v. Ohio, 426 U.S. 610 , 96 S.Ct. 2240 , 49 L.Ed.2d 91 (1976); 2 State v. Primus, 349 S.C. 576 , 564 S.E.2d 103 (2002) 3 overruled on other grounds by State v. Gentry, 363 S.C. 93 , 610 S.E.2d 494 (2005); and State v. Pickens, 320 S.C. 528 , 466 S.E.2d 364 , (1996). 4 In the present matter, the trial court sustained Wiley’s objection and gave a curative instruction.

12010–2010
State v. Primus green
sc · 2002
2 sentences

2010In support of his argument, Wiley cites to Doyle v. Ohio, 426 U.S. 610 , 96 S.Ct. 2240 , 49 L.Ed.2d 91 (1976); 2 State v. Primus, 349 S.C. 576 , 564 S.E.2d 103 (2002) 3 overruled on other grounds by State v. Gentry, 363 S.C. 93 , 610 S.E.2d 494 (2005); and State v. Pickens, 320 S.C. 528 , 466 S.E.2d 364 , (1996). 4 In the present matter, the trial court sustained Wiley’s objection and gave a curative instruction.

2010In support of his argument, Wiley cites to Doyle v. Ohio, 426 U.S. 610 , 96 S.Ct. 2240 , 49 L.Ed.2d 91 (1976); 2 State v. Primus, 349 S.C. 576 , 564 S.E.2d 103 (2002) 3 overruled on other grounds by State v. Gentry, 363 S.C. 93 , 610 S.E.2d 494 (2005); and State v. Pickens, 320 S.C. 528 , 466 S.E.2d 364 , (1996). 4 In the present matter, the trial court sustained Wiley’s objection and gave a curative instruction.

12010–2010
Doyle v. Ohio green
scotus · 1976
2 sentences

2010In support of his argument, Wiley cites to Doyle v. Ohio, 426 U.S. 610 , 96 S.Ct. 2240 , 49 L.Ed.2d 91 (1976); 2 State v. Primus, 349 S.C. 576 , 564 S.E.2d 103 (2002) 3 overruled on other grounds by State v. Gentry, 363 S.C. 93 , 610 S.E.2d 494 (2005); and State v. Pickens, 320 S.C. 528 , 466 S.E.2d 364 , (1996). 4 In the present matter, the trial court sustained Wiley’s objection and gave a curative instruction.

2010In support of his argument, Wiley cites to Doyle v. Ohio, 426 U.S. 610 , 96 S.Ct. 2240 , 49 L.Ed.2d 91 (1976); 2 State v. Primus, 349 S.C. 576 , 564 S.E.2d 103 (2002) 3 overruled on other grounds by State v. Gentry, 363 S.C. 93 , 610 S.E.2d 494 (2005); and State v. Pickens, 320 S.C. 528 , 466 S.E.2d 364 , (1996). 4 In the present matter, the trial court sustained Wiley’s objection and gave a curative instruction.

12010–2010
Inman Ex Rel. Estate of Inman v. Thompson green
scctapp · 1988
2 sentences

1996Inman v. Thompson, 297 S.C. 221 , 375 S.E.2d 358 (Ct.App.1988) (affirming a verdict for the plaintiff, holding even if the trial court erred in charging the doctrine of last clear chance, it could not be determined whether the jury could have found that the defendant had the last clear chance to avoid the accident or merely that the child was not contributorily negligent).

1996Inman v. Thompson, 297 S.C. 221 , 375 S.E.2d 358 (Ct.App.1988) (affirming a verdict for the plaintiff, holding even if the trial court erred in charging the doctrine of last clear chance, it could not be determined whether the jury could have found that the defendant had the last clear chance to avoid the accident or merely that the child was not contributorily negligent).

11996–1996
State v. Linder green
sc · 1981
2 sentences

1990See State v. Cockerham , 294 S.C. 380 , 365 S.E. (2d) 22 (1988); State v. Linder , 276 S.C. 304 , 278 S.E. (2d) 335 (1981).

1990See State v. Cockerham , 294 S.C. 380 , 365 S.E. (2d) 22 (1988); State v. Linder , 276 S.C. 304 , 278 S.E. (2d) 335 (1981).

11990–1990
Moore v. Waters, County Superintendent of Education neutral
sc · 1928
1 sentence

1935In doing this, we are not to be governed by the apparent meaning of words found in one clause, sentence, or part of the Act, but by a consideration of the whole Act, read in the light of the conditions and circumstances as we may judicially know they appeared to the Legislature, and the purpose sought to be ac *293 complished.” To illustrate: This Court has held, in order to effectuate legislative intention, that “and” should read “or” (Robson v. Cantwell, 143 S. C., 104, 141 S. E., 180 , 181); that “may” is often construed “must” or “shall” (Moore v. Waters, 148 S. C., 326, 146 S. E., 92 ); t

11935–1935
Wood v. Victor Mfg. Co. neutral
sc · 1903
1 sentence

1930Co., 66 S. C., 482, 45 S. E., 81 , 82: “The elementary rule is that it is the duty of the employer to furnish appliances free from defects discoverable by the exercise of ordinary care. * * * The employee * * * has the right to rest on the assumption that appliances furnished are free from the defects discoverable by proper inspection.” (Emphasis added), The logical effect of the charge complained of is that, if there is a defect in an appliance, latent, not obvious, “that could not be seen,” regardless of the plainly circumscribed duty of the master above set out, to exercise reasonable care

11930–1930
Ariail v. Ariail green
sc · 1888
1 sentence

1923In Vernon v. Ehrich’s Ex’rs, 2 Hill, Eq., 259, 261, Judge Harper, while conceding that in a suit in equity the administrator was a necessary party, intimated that an action at law by a creditor might be sustained against the heir alone, and that in such an action “the executor neither would nor could be joined.” There are expressions of like import in Reeder v. Speake, 4 S. C., 293; Lanier v. Griffin, 11 S. C., 582; and Ariail v. Ariail, 29 S. C., 84, 7 S. E., 35 .

11923–1923
Utsey v. Hiott neutral
sc · 1889
1 sentence

1907The rule by which this question is to be determined is thus stated in Cooley’s Constitutional Limitations, approved in Utsey v. Hiott, 30 S. C., 360, 9 S. E., 338 : “It would be inconsistent with all just principles of constitutional law to adjudge these enactments void because they are associated in the same act, but not connected with or dependent upon others which are constitutional; when, therefore, a part of a statute is unconstitutional that fact does not authorize the Court to declare the remainder void also unless all the provisions are connected in subject matter depending on each oth

11907–1907

Where else courts name it

CA 301 (1889–2026) TX 180 (1876–2026) GA 147 (1899–2022) IL 143 (1873–2026) NY 141 (1833–2019) CT 86 (1835–2025) IN 85 (1879–2024) PA 78 (1834–2021) FL 76 (1899–2025) NC 70 (1824–2026) KY 63 (1891–2026) WI 63 (1875–2022) MO 55 (1881–2024) IA 55 (1863–2023) VA 54 (1851–2025) MD 54 (1906–2022) MI 53 (1888–2026) TN 52 (1875–2025) AL 51 (1874–2022) WV 50 (1884–2024) MA 48 (1880–2025) AR 47 (1898–2024) LA 47 (1908–2009) OK 46 (1900–2007) MT 42 (1893–2017) WA 41 (1891–2025) KS 39 (1916–2021) ME 37 (1851–2022) OR 33 (1887–2015) NE 32 (1892–2019) MS 29 (1895–2023) HI 29 (1902–2026) MN 28 (1888–2015) OH 27 (1881–2020) CO 26 (1894–2010) NJ 25 (1867–2025) UT 23 (1899–2013) SD 19 (1894–2026) SC 19 (1907–2018) ID 17 (1909–2023) DE 16 (1932–2020) AZ 15 (1903–2009) ND 13 (1898–2020) NM 12 (1907–2023) WY 12 (1930–2014) VT 10 (1865–1986) NH 10 (1860–2016) NV 9 (1913–2015) RI 6 (1895–2017) AK 6 (1985–2023) DC 6 (1948–2013) PR 3 (1904–1939) VI 2 (1984–2007)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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