Davis-Mcgee Mule Co. v. Marett, Sheriff

(dissenting) : I think that the demurrer, the motion for nonsuit, and the motion for a directed verdict were properly overruled. They were each made upon the same grounds substantially as follows: (1) That the property being in custodia le gis was not subject to an action of claim and delivery; (2) that the action was virtually against the State, which cannot be sued without its consent.

As to the first ground: The remedy was recognized in the case of Seignious v. Bimehouse, 107 S. C, 545; 93 S- E, 193, although the point now raised was not presented in that case. When the statute does not…