Legal Opinion

Cothran v. Knight

Supreme Court of South Carolina

Decided September 9, 1895PublishedCited by 9 opinions

Before Gary, J., Greenville, July 28, 1894. This was an action commenced November 29, 1893, by J. R. Cothran against J. E. Knight and Robert Coker for the possession of a lot of seed cotton and cotton seed, alleged to be in the possession of Coker. Coker, as constable for Scott, trial justice, had levied on the property under execution in the case of J. E. Knight against J. R. Cothran.

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Before Gary, J., Greenville, July 28, 1894. This was an action commenced November 29, 1893, by J. R. Cothran against J. E. Knight and Robert Coker for the possession of a lot of seed cotton and cotton seed, alleged to be in the possession of Coker. Coker, as constable for Scott, trial justice, had levied on the property under execution in the case of J. E. Knight against J. R. Cothran. Endorsed on the execution was the statement that the debt had been contracted for supplies used in making a crop in 1893. At close of plaintiff’s testimony, Judge sustained a motion of nonsuit, and plaintiff…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gary.

This action was commenced on 29th November, 1893, by service of the summons and complaint on the defendants. The action was for the recovery of personal property and damages for the alleged unlawful detention of the same. The immediate delivery of the said property was demanded, the necessary bond and affidavit were served, and possession of the property was accordingly taken by plaintiff. The defendants answered, and claimed a return of the property, and for that purpose executed and filed with the sheriff the necessary undertaking.

The…

2Cited by9 opinions

  1. Bramlett v. YoungSupreme Court of South Carolina · 1956
  2. Green v. City of BennettsvilleSupreme Court of South Carolina · 1941
  3. Colonial Life & Accident Insurance v. South Carolina Tax CommissionSupreme Court of South Carolina · 1958
  4. Smith v. SmithSupreme Court of South Carolina · 1940
  5. Mellette v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1936

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