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The opinion of the Court was delivered by
Mr. Justice Gage.
The appellant’s counsel declares :
“The precise point involved in this appeal is the construction of the word ‘issue.’ The inquiry is whether the word ‘issue’ as used in the * * * deed embraced only the children of Mr. Henry D. Green, or whether it is broad en... | [
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The opinion of the Court was delivered by
Mr. Justice Fraser.
In 1859, Evander Byrd, Jr., married a daughter of Griffin O’Nails. Mr. Byrd and his wife lived for a time with Mr. O’Nails. In 1860, Mr. O’Nails bought a tract of land near him and sold a part to his son-in-law, Byrd. -Byrd moved on the land, built .houses, ... | [
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The opinion of the Court was delivered by
Mr.’ Justice Gage.
The defendant, a young negro boy of 19 years, was convicted of seducing a negro girl of 16 years, by means of deception and promise of marriage. Let the statute which creates the offense be reported.
■ There are two exceptions, to wit: (1) That there was no t... | [
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The opinion of the Court was delivered by
Mr. Justice Fraser.
The appellant was convicted of murder, and appeals.
There are seven exceptions, but only three questions argued.
1. “It was error to- charge the jury as follows: ‘In order to have a right to kill in self-defense the defendant must find himself in a condition... | [
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The opinion of the Court was delivered by
Mr. Justice Watts.
This was an action by plaintiff against the defendants on a promissory note. After issue joined the cause was tried before Judge Mauldin, and a jury, at the Summer term of Court for Greenville county, 1916. At the trial it was announced that the defendant, Le... | [
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. The opinion of the Court was delivered by
Gage;.
This action is upon a note alleged to have been made to Patrick by Mrs. Fanny C. Wallace, and alleged to have been indorsed by Mobley before it came into the hands of Patrick. Mrs. Wallace is now dead, and so is Mobley, who was her son. But Mobley was sued before his d... | [
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The opinion of the Court was delivered by
Mr. Justice Hydricic.
This is an action on open account for goods (ladies’ dresses) sold and delivered to defendants. Plaintiff alleged that the goods were reasonably worth $290.00, and that defendants were indebted to him in that amount for them. The answer was a general denia... | [
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The opinion of the Court was delivered by
Mr. Justice Watts.
Miss Ann E. Rice died, leaving her last will and testament, to which she had added a codicil. She left as executors thereof William Coleman and F. M. Farr. When an application was made by them for a final settlement and discharge, Wallace and Barron and Mower... | [
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The opinion of the Court was delivered by
Mr. ChiEE Justice Gary.
This is an action for actual and punitive damages, alleged to have been sustained by the plaintiff, through the wrongful acts of the defendant, in causing injury to a carload of horses and mules shipped from Paris, Ky., to Lexington, ¡3. C., on the 10th ... | [
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The opinion of the Court was delivered by
Mr. ChiEE Justice Gary.
This action was commenced in a magistrate’s Court to recover the sum of $1, the alleged value of a box of peaches, shipped from a station in Clarendon county to the plaintiff at Sumter, S. C., and for the penalty of $50, for failure to pay the claim with... | [
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The opinion of the Court was delivered by
Mr. Chief Justice Gary.
This is an appeal from an order setting aside a directed verdict, on the counterclaim interposed by the defendant; also, from the order refusing the defendant’s motion for the direction of a verdict, as to the plaintiff’s cause of action; The jury failed... | [
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The opinion of the Court was delivered by
Mr. JusticU Watts.
The defendant, George Wiley, was tried for murder at the February term of Court, 1915, before Judge Smith and a jury, and found guilty of manslaughter and sentenced to serve a sentence of eight years at hard labor. Later a motion for a new trial was made befo... | [
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The opinion of the Court was delivered by
Mr. Justice Fraser.
“This is an action brought by the heirs at law of William M. Tuten, deceased, to set aside a deed made by him to H. F. McAlhaney on August 14, 191.4, on the grounds of incapacity of the grantor, fraud and misrepresentation on the part of the grantee and want... | [
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The opinion of the Court was delivered by
Mr. Justice Fraser.
The appellant was charged with the sale of liquor, keeping a place where liquor was sold, keeping a place where people were allowed to resort for the purpose of drinking liquor, storing liquor and transporting liquor. He was tried and convicted. The verdict ... | [
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The opinion of the Court was delivered by
Mr. Justice Fraser.
This was a proceeding in a magistrate’s Court, to foreclose a mechanic’s lien. Judgment was given against appellant by default. From'this judgment appellant appealed to the Circuit Court. The case was heard by his Honor, Judge Mendel L. Smith, who made the f... | [
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The opinion of the Court was delivered by
Mr. Justice Gage.
Tort, for the negligent injury to personal property. Defense, the injury resulted from the plaintiffs’ contributory negligence. The thing hurt was a buggy and two horses attached; the horses were killed, and the buggy and a gun were demolished. The instrumenta... | [
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The opinion of the Court was delivered by
Mr. Justice Gage.
This trial is a sequel to that reported in 102 S. C. 348, 86 S. E. 678. We are of the opinion that the Circuit Court ought to have heard testimony upon the issue of what caused the fire. It is true that, as betwixt the Farmers Mercantile Company and the railro... | [
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The opinion of the Court was delivered by
Mr. Chief Justice Gary.
This is an action for specific performance, and involves the construction of a deed dated the 4th oí May, 1871, the provisions of which are as follows:
“Know all men by these presents that I, William H. Mays, * '* * for and in consideration of the sum of... | [
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The opinion of the Court was delivered by
Mr. Justice Watts.
The defendant was indicted and convicted of murder with a recommendation to mercy before his Honor, Judge Mauldin, and a jury, at the November term of Court, 1915. After sentence, the defendant appeals, and by 18 exceptions imputes error on the part of his Ho... | [
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The opinion of the Court was delivered by
Mr, Justice Hydrick.
This is an action to' recover possession of a tract of land, which plaintiffs claim as heirs of James H. Kessiah. Defendants claim as purchasers under a judgment of the Circuit Court under which the land was sold for partition amongst the heirs of James H. ... | [
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The opinion of the Court was delivered by
Mr. ChiER Justice Gary.
This is an appeal from an order of reference, on the ground that the appellant was entitled to a trial by jury.
The second paragraph of the complaint is as follows:
“That on the 24th day of July, 1915, the defendant, Owen Alderman, presented to the plain... | [
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The opinion of the Court was delivered by
Mr. Justice Watts.
This is an action for the reformation of a deed. The complaint alleges that the deed was executed in 1872-, that the grantor died in 1901, and the suit was commenced in 1915. There is tio allegation as to the time when the mistake was discovered nor excuse fo... | [
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The Circuit Judge having been called to the aid of the Court:
The opinion of the Court en banc was delivered by
Mr. Chile Justice Gary.
There are numerous exceptions, but it will not be necessary to consider them in detail, as the appellant’s attorneys state that the main question raised by them may thus be formulated:... | [
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The opinion of the Court was delivered by
Mr. Justice Gage.
Action to foreclose a purchase-money mortgage on a parcel of land alleged in the complaint to contain 31.9 acres. Answer that the parcel did not contain so many acres, but only 22.53 acres, and that the mortgage debt ought therefore to be abated by so much at ... | [
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The opinion of the Court was delivered by
Mr. Justice Gary.
This action was commenced in January, 1894, by the plaintiff against the defendants, to recover possession of a buggy, set of harness, and one horse, of the alleged values, respectively, of $60, $6, and $150; also to recover $5,000 damages for the alleged wron... | [
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The opinion of the Court was delivered by
Mr. Justice Pope.
Plaintiffs sued defendant to recover $188.75, for goods sold and delivered, to be paid for on 1st November, 1891, alleging that the elevator included in the account for $185 was purchased by plaintiffs from the makers of the same for the defendant on his order... | [
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The opinion of the Court was delivered by
Mr. Justice Pope.
This action was commenced in the Court of Common Pleas for Darlington County, in said State, on the 9th day of July, 1894, and came on for trial before his Honor, Judge Norton, and a jury at the October term, 1894, of said Court. After the plaintiff closed its... | [
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The opinion of the Court was delivered by
Mr. Chiee Justice McIver.
This is a motion to reinstate an appeal dismissed by the clerk for failure to file the return within the time prescribed by law. The motion seems to be based upon the grounds (1) that the affidavit of respondent’s attorneys, upon which the clerk dismis... | [
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The opinion of the Court was delivered by
Mr. Justice Pope.
The plaintiffs began this action on the 19th day of April, 1894, in the Court of Common Pleas for York County, in this State, against the defendant, who is sheriff of that county, for claim and delivery of certain personal property, consisting of goods, wares,... | [
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The opinion of the Court was delivered by
Mr. Justice Gary.
This action was heard by his Honor, Judge Watts, upon an agreed statement of facts, which, together with the appellant’s exceptions, will be incorporated in the report of the case.
The following appears in the decree of his Honor, Judge Watts, in addition to t... | [
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The opinion of the Court was delivered by
Mr. Chief Justice McIver.
The facts of this case are undisputed, and substantially are as follows:- The plaintiff desiring to commence an action against the defendant company, a foreign corporation, to recover damages for personal injuries alleged to have been sustained at a po... | [
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The opinion of the Court was delivered by
Mr. Justice Pope.
The contention in above causes involves one of the most curious set of facts among business men that we remember ever to have encountered. Briefly stated, these facts are: that in 1883, Levi Metz, while a citizen of Lexington County, in this State, being a man... | [
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The opinion of the Court was delivered by
Mr. Justice Gary.
John Thomson, of the city of Charleston, S. C., died in March, 1893, leaving a last will and testament, wherein he devised and bequeathed certain pieces of real estate, to devisees therein mentioned, certain sums of money to some of his relatives, a certain su... | [
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The opinion of the Court was delivered by
Mr. Justice; Gary.
The facts in this case are set forth in the order of his Honor, Judge Benet, which will be incorporated in the report of the case. From this order, appellant has appealed to this Court on three exceptions, which will, also, be incorporated in the report of th... | [
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The opinion of the Court was delivered by
Mr. Justice Gary.
This action was' commenced before a trial justice “for $50 on account of manure left by plaintiff on the land where the defendant resides, and which manure he now refuses to let plaintiff have.”
The defendant answered, denying the allegations of the complaint,... | [
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The opinion of the Court was delivered by
Mr. Justice Pope.
This action was commenced on the 20th day of June, 1893, in the Court of Common Pleas for Anderson County, and came on for trial before his Honor, Judge Watts, at the fall, 1894, term of said Court. The decree was filed on the 12th November, 1894. Whereupon th... | [
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The opinion of the Court was delivered by
Mr. Chief Justice McIver.
This is an application, addressed to this Court in the exercise of its original jurisdiction, praying that a writ of mandamus, directed to the said L. B. Folk, as county treasurer of Richland County, may be issued, requiring him to hold certain moneys ... | [
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The opinion of the Court was delivered by
Mr. Justice Gary.
The following statement of facts appears in the “Case:” This action was commenced for the foreclosure of a mortgage executed by the defendant, appellant, to I. M. Harrell, deceased, in which S. D. Harrell, as administrator with the will annexed of the said I. ... | [
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The opinion of the Court was delivered by
Mr. Justice Gary.
This is an application by the petitioner, Miss Maty Jane Ross, to this Court, in the exercise of its original jurisdiction, for a writ of mandamus, commanding William Aiken Kelly, as assessor, and John Orrin Rea, as treasurer, of the city of Charleston, to cor... | [
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The opinion of the Court was delivered by
Mr. Justice Gary.
On the 12th day of July, 1893, an agreement in writing was entered into between W. M. Allison, of the first part, and W. B. DeFoach, of the second part, whereby the party of the first part covenanted to convey to the party of the second part his house and lot ... | [
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The opinion of the Court was delivered by
Mr. Chief Justice McIver.
This case had been before this Court once before (40 S. C., 255), and its general nature may be ascertained from the case as there reported. All of the other issues having been determined, the only question remaining is as to the counsel .fee of plaint... | [
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The opinion of the Court was delivered by
Mr. Chief Justice McIver.
The defendant was indicted for an assault and battery with intent to kill one J. F. Poison. The jury rendered a verdict of guilty, with a recommendation to the mercy of the Court. From the judgment rendered upon this verdict defendant appeals, upon the... | [
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The opinion of the Court was delivered by
Mr. Justice Gary.
This is the third appeal in the above entitled cases, heard at the last term of this Court, and is from an order of his Honor, Judge Aldrich, made at chambers on the 3d day of February, 1894, allowing the receiver to issue $50,000 of receiver’s certificates, w... | [
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The opinion of the Court was delivered by
Mr. Justice Gary.
The proceeding out of which this appeal grows is based upon an action for the foreclosure of a mortgage, brought by the plaintiff, Hyman Kaminisky, as the assignee of John R. Falls, to whom the mortgage was given by the defendant, W. D. Trantham. Decree for fo... | [
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The opinion of the Court was delivered by
Mr. Justice Pope.
It is made to appear by the “Case” that, in the year 1883, the defendant, D. James Winn, along with certain other citizens, induced the legislature of this State to incorporate them, their associates and successors, into what was called the Sumter Building and... | [
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The opinion of the Court was delivered by
Mr. Chiee Justice McIver.
This, which is designated as the “second appeal” in the cases above stated, involves only the question of the validity of five orders, made by his Honor, Judge Aldrich, on the 2d June, 1893, and filed-on the 6th June, 1893, authorizing certain acts to ... | [
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The opinion of the Court was delivered by
Mr. Justice Gary.
This action was originally commenced by Belford Bristow, but after the commencement of the action he died, and it was continued in the names of his heirs at law, who were substituted in his stead as parties plaintiff. In 1878, Belford Bristow, a negro, commenc... | [
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The opinion of the Court was delivered by
Mr. Justice Gary.
The appellant is a corporation engaged in generating and furnishing electricity in the city of Charleston, S. C., for the purpose of illumination and motive power. On the 16th of December, 1893, during the prevalence of a violent wind storm, one of the electri... | [
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The opinion of the Court was delivered by
Mr. Chief Justice McIver.
The indictment in this case contained two counts — the first charging that the defendant “did feloniously, wilfully, and maliciously set fire to, and caused fire to be set to, a certain house, to wit: a dwelling house there situate of one John D. Sarvi... | [
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The opinion of the Court was delivered by
Mr. Justice Gary.
The allegations of the complaint are substantiall}’- as follows: I. The corporate existence of the Bank of Charleston National Banking Association. II. That on the 24th day of'November, 1874, the defendant, B. H. Dowling, in consideration of .$16,000, paid by ... | [
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The opinion of the Court was delivered by
Mr. Chief Justice McIver.
This case is so identical in principle with the case of Leaphart, ex’trx., ^.Commercial Bank of Columbia, S. C., in which the opinion has just been filed, as to supersede the necessity of adding anything to what is there said. Here, as there, the plain... | [
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Opinion of the court was delivered by
Mr. Justice Gary.
On the 12th of September, 1895 (mistake for 1894), the plaintiff took judgment by default against the defendant for the sum of $858.76, and obtained leave from his Honor, Judge Townsend, to enter up judgment immediately, on the ground, as set forth in an affidavit... | [
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The opinion of the Court was delivered by
Mr. Justice Gary.
The facts in this case are stated in the .decree of his Honor, Judge Witherspoon, which, together with the exceptions, will be set out in the report of the case, except the formal part of said decree ordering the sale of the property.
The first and second exce... | [
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The opinion of the Court was delivered by
Mr. Justice Pope.
Nathaniel Morgan, who died in the year 1863, while a citizen of Greenville, in this State, left in full force a will, whereof his son, the defendant, John W. Morgan, was appointed executor. By the terms of his will, amongst other things, a life estate was give... | [
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The opinion of the court was delivered by
McIver, A. J.
On May 10th, 1867, the plaintiff filed a bill against the defendant, McIlwain, for a foreclosure of a mortgage on real estate. To this bill, amongst other defenses, McIlwain set up a claim of homestead, which was disallowed, and a judgment of foreclosure was rende... | [
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The opinion of the court was delivered by
Kekshaw, A. A. J.
We do not find sufficient reason to disturb the findings of fact upon which the Circuit judge based his decree. There is sufficient evidence to sustain them. We shall, therefore, determine the questions made by the appeals upon the state of facts so ascertaine... | [
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' The opinion of the court was delivered by
McGowan, A. J.
The firm of “Stevens & Cureton,” consisting of J. H. W. Stevens and Thomas J. Cureton, were in business at Lancaster Court House, and that of “ Cureton, Ardrey & Co.,” consisting of the same partners and one J. W. Ardrey, at Fort Mills, York county.
On December... | [
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The opinion of the court was delivered by
Kershaw, A. A. J.
Upon the death of Samuel F. Gibson, in 1867, his widow, Constantine, applied for letters of administration on his estate. On account of ill-health she was unable to appear in the court of ordinary to complete her administration by taking the oath, giving bond,... | [
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Per Curiam:
The pleadings denominate this action as one to remove a cloud from title. Ruth P. Atkins appeals the master’s order granting partition, claiming that not all necessary parties were named as defendants and properly served with process, and that the master failed to value the property and the improvements to ... | [
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Waller, Justice:
We granted certiorari to review the Court of Appeals’ opinion in Bonaparte v. Bonaparte, Op. No. 93-UP-292 (Ct. App. filed Nov. 4, 1993). We reverse.
FACTS
Jimmy Bonaparte (Decedent) was killed by his wife, Veronica Bonaparte (Wife). Wife was the sole beneficiary of a $132,000 life insurance policy iss... | [
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The opinion of the court was delivered by
McGowan, A. J.
On March 9th, 1870, James M. Whittle executed his will, by which he gave to his son-in-law, Milton A. Prater, almost his entire estate, either immediately upon the death of the testator or in remainder after the death of the defendant Rebecca Whittle, and appoint... | [
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0.04... |
Per Curiam:
In this attorney grievance proceeding, respondent admits that he has committed ethical violations and consents to an indefinite suspension from the practice of law in this State. We accept respondent’s admission and suspend him indefinitely from the practice of law in this State.
In April 1992, respondent w... | [
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Waller, Justice:
We granted certiorari to review the Court of Appeals’ decision reported at 312 S.C. 250, 439 S.E. (2d) 859 (Ct. App. 1993). We affirm as modified.
FACTS
This is a worker’s compensation case. Jarvis Grayson was employed as a furniture mover for Petitioner, Carter Rhoad Furniture. He injured his back on ... | [
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Per Curiam:
First Federal Savings Bank of Brunswick brought these actions at law alleging title defects in two condominium deeds and claiming Stewart Title Guaranty Company had breached mortgagee title insurance contracts by failing to pay First Federal the face amounts reflected in the mortgagee title insurance polici... | [
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Chandler, Acting Chief Justice:
At issue in this case is whether “Lucky 8 Line” machines are exempt from the provisions of S.C. Code Ann. § 12-21-2710 (Supp. 1993). The Magistrate held the machines in violation of the statute and ordered their destruction. The Circuit Court reversed the Magistrate’s finding and the Sta... | [
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ORDER TO WITHDRAW ORIGINAL OPINION AND SUBSTITUTE SUBSEQUENT OPINION AND TO DENY PETITION FOR REHEARING
Opinion No. 2207, filed July 25,1994, in the above appeal is hereby withdrawn and the following opinion is substituted therefor.
After a careful consideration of the Petition for Rehearing, the Court is unable to dis... | [
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Cureton, Judge:
Appellant, Myra Kay Evans, appeals from three orders dismissing her claims against Rite Aid of South Carolina, Inc. We affirm.
In late October 1989, Evans filed a prescription at the Rite Aid pharmacy in Walterboro, South Carolina. Thereafter, she discovered an employee of the pharmacy falsely told thir... | [
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Per Curiam:
This is an appeal from a Family Court order terminating the parental rights of James and Mattie Mae Brown to their daughter Jenea Brown based on a finding that Jenea’s sibling was harmed as defined in § 20-7-490(C), and because of the severity of the abuse and denial of wrongdoing, it is not reasonably like... | [
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Cureton, Judge:
Respondent Bishop Logging Company (Bishop Logging) brought this action against John Deere Industrial Equipment Company (John Deere), Construction Equipment Sales, Inc. (CES), and Denharco, f/k//a Hurricana Metals, charging fraud, negligent misrepresentation, and breach of express warranty in connection ... | [
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The opinion of the Court was delivered by
Mr. Justice Gary.
The facts in this case are fully stated in the decree of his Honor, Judge Norton, which will be incorporated in the report of the case. Appellants’ first and second exceptions are as follows:
1. “Because his Honor erred in holding, according to the evidence, t... | [
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The opinion of the Court was delivered by
Mr. Justice Gary.
This is an action for the recovery of a small lot of land in the town of Peake, S. C. The plaintiff claims under a devise in the last will and testament of Adam Stoudmire, who died about the year 1864. Testimony was introduced to show that the said will was de... | [
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The opinion of the Court was delivered by
Mr. Chief Justice McIver.
It appears from the records in this case that Mitchell Glover, on the 19th of April, 1875, departed this life intestate, being seized and possessed of a considerable amount of land, and leaving as his heirs at law his widow, the plaintiff herein, and f... | [
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The opinion of the Court was delivered by
Mr. Cpiiee Justice McIver.
These two cases, resting upon the same state of facts substantially, and depending upon the same .principles of law, were heard and will be considered together. The facts, as gathered from the testimony set out in the “Case,” do not seem to be dispute... | [
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The opinion of the Court was delivered by
Mr. Justice Gary.
The facts connected with this case will appear by reference to the judgment of the trial justice and the instrument of writing marked exhibit “B.”
In considering the appellant’s exceptions, we will adopt the arrangement of respondent’s attorney as to the quest... | [
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The opinion of the Court was delivered by
Mr. Chiee Justice McIver.
The plaintiff brought this action to recover from the defendant bank a certain sum of money alleged to have been deposited with said bank by one C.-J. Iredell in breach of an alleged trust reposed in him by the plaintiff. Passing by the first, second, ... | [
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The opinion of the Court was delivered by
Mr. Chief Justice McIver.
This is a petition, addressed to this Court, in the exercise of its original jurisdiction, praying that A. T. Goethe and M. W. Ulmer, doing business as partners, under the name and style of Goethe & Ulmer, may be enjoined “from building, constructing, ... | [
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The opinion of the Court was delivered by
Judge R. C. Watts, acting Associate Justice.
This is an action for betterments, which was heard on the circuit by Judge Buchanan and a jury, at the January term, 1895, of the Court of Common Pleas for Abbeville County. For a proper understanding it is necessary to review the fa... | [
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The opinion of the Court was delivered by
Mr. Justice Pope.
This action was begun by the plaintiffs against the defendants on the equity side of the Court of Common Pleas for Greenville County, in this State, and came on for trial before his Honor, Judge Watts, at the fall term, 1894, of said Court. The decree sustaine... | [
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The opinion of the Court was delivered by
Mr. Justice Gary.
This is a controversy submitted without action upon the following agreed statement of facts: “1. That the Southern Railway Company is a corporation created under the laws of Virginia and legally doing business in the State of South Carolina, and that the City ... | [
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The opinion of the Court was delivered by
Mr. Chief Justice McIver.
This action was commenced on the 8th day of February, 1893, to recover the amount mentioned in a note bearing date the 1st day of January, 1886, whereby the defendant, and one H. G. Gilreath, who, it seems, was her husband, jointly and severally promis... | [
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The opinion of the Court was delivered by
Mr. Justice Gary.
The following statement of facts appears in the case: This is an action for the foreclosure of a mortgage of real estate, situate in Edgefield County, and asking for a sale of the mortgaged premises, and a judgment for the deficiency, and was begun in the Cour... | [
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The opinion of the Court was delivered by
Mr. Justice Gary.
On the 17th day of October, 1892, the claimants, Elias Day and R. E. Bowen, filed a claim in the office of the board of county commissioners for Pickens County for the sum of $3,346. On the 24th day of November, 1892, at a meeting of the board of county commis... | [
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The opinion of the Court was delivered by
Mr. Justice Pope.
This cause comes before us on the appeal of the plaintiffs in the above entitled action, which was heard in the Court of Common Pleas for Kershaw County, in this State, by his Honor, Judge Aldrich, at the summer, 1894, term of said Court, and who filed his dec... | [
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The opinion of the Court was delivered by
Mr. Justice Gary.
This is an action to foreclose a mortgage on real estate, executed by the defendant, W. D. Trantham, to John R. Falls, on the 25th of September, 1887, and by him assigned to the plaintiff. The facts are fully set out in the decree of the Circuit Judge, which s... | [
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The opinion of the Court was delivered by
Mr. Justice Gary.
This matter was heard at the fall term of the Court of Common Pleas for Darlington County, 1894, on an agreed case, which is as follows: The Atlantic Phosphate Company, a corporation duly created and char-' tered under the laws of this State, claims to have ac... | [
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The opinion of the Court was delivered by
Mr. Justice Pope.
On the 31st day of January, 1895, plaintiff commenced his action before Nathan P. Whitmire, Esq., as a trial justice in and for Greenville County in this State, against the defendant. The following is a copy of the summons issued by said trial justice and serv... | [
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The opinion of the Court was delivered by
Mr. Justice Pope.
This action came on for trial at the August, 1893, term of the Court of Common Pleas for Spartanburg County, before his Honor, Judge Wallace, and a jury. By the findings, it was alleged that the plaintiff, on the 19th August, 1891, while passing between a-trai... | [
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The opinion of the Court was delivered by
Mr. Chief Justice McIver.
This was an action to recover damages caused by sparks of fire emitted from a locomotive engine of the defendant company, which ignited combustible material on defendant’s right of way, from which the fire spread over the lands of plaintiff. In defenda... | [
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The opinion of the Court was delivered by
Mr. Justice Pope.
This action has been before this Court once before, and our decision on the first appeal will be found 37 S. C., 327. The cause came on for trial before his Honor, Judge Townsend, at summer, 1894, term of the Court of Commpn Pleas for Beaufort County, in this ... | [
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The opinion of the Court was delivered by
Mr. Chief Justice McIver.
This was a proceeding originally instituted in the Court of Probate, by which the plaintiff demanded dower in a tract of land in the possession of the defendants. The judge of probate rendered his decree allowing dower, and from that decree defendants ... | [
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The opinion of the court was delivered by
Mr. Justice Pope.
The defendant, under her hand and seal, on the 25th day of June, 1886, executed a lease of “one Packard organ, style 18, No. 2507,” for the term of twenty-two months, at a rental of $5, to be paid on the 25th of each of the twenty-two months, with a proviso in... | [
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PER Curiam.
This was a motion to reinstate an appeal dismissed by the clerk, under Rule 1, for failure to file the “return” within the prescribed time. That rule requires that the “return” shall be filed within twenty days after the papers constituting said “return” shall be completed; and Rule 2 provides what papers s... | [
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The opinion of the Court was delivered by
Mr. Chief Justice McIver.
The plaintiffs are the owners and holders of a mortgage on certain real estate, •executed by one R. W. Draffin, on the 30th of January, 1888, to secure the payment of a note for $7,000. On the 4th day of July, 1891, the said Draffin conveyed the mortga... | [
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The opinion of the Court was delivered by
Mr. Justice Gary.
This action was commenced in the Court of Common Pleas for Fairfield County by the plaintiff, as assignee, for the benefit of the creditors of Alexander Williford, Quay D. Williford, and Wade H. Williford, against all the creditors of the said assignors, and t... | [
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The opinion of the Court was delivered by
Mr. Justice Gary.
In order to understand fully the facts of this case, it will be necessary to set out in the report of the case the complaint of the plaintiff. As the complaint shows that the plaintiff was not the owner and holder of the alleged státutory lien at the time of t... | [
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The opinion of the Court was delivered by
Mr. Justice Pope.
On the 27th day of January, 1893, these actions were commenced. The complaint sets forth with great care circumstances that may be thus partially summarized: In 3857 an act was passed by the General Assembly of this State incorporating certain persons under th... | [
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0.03342321515083313,
-0.08589418232440948,
0.0828... |
The opinion of the Court was delivered by
Mr. Justice Pope.
This action came on for trial before his Honor, Judge Ernest Gary, and a jury, at the February term, 1895, of the Court of Common Pleas for Beaufort County, in this State.. It seems that one Joseph Jenkins, while laboring for the "defendant in making excavatio... | [
-0.0321924202144146,
-0.040600940585136414,
-0.05841235816478729,
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0.033801887184381485,
0.019460733979940414,
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0.06... |
The opinion of -the Court was delivered by
Mr. Justice Gary.
This is an action for claim and delivery of certain personal property. The defendant, Prime White, demurred to the complaint, which, together with appellant’s exceptions, will be incorporated in the report of the case, on the ground that it appears upon the f... | [
-0.00902429036796093,
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-0.03510371223092079,
0.00030185250216163695,
0.016154678538441658,
-0.040299490094184875,
0.... |
The opinion of the Court was delivered by
Mr. Justice Pope,
This action was commenced on the 12th day of September, 1893. Its.purpose was to secure a partition between the plaintiff and defendants of a tract of land, situate in Barnwell County, in this State, so that the plaintiff might have allotted to him one-fifth p... | [
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0.0717... |
The opinion of the Court was delivered by
Mr. Chief Justice McIver.
The only question presented by this appeal is whether the mortgage held by the appellant, as assignee, has priority over the mortgage held by the plaintiff. So far as this question turns upon conclusions of fact, we are bound, under the well settled ru... | [
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-0.004357893485575914,
0.0288687776774168,
-0.05218510329723358,
0.03507... |
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