Legal Opinion

Davis v. Childers

Supreme Court of South Carolina

Decided September 17, 1895PublishedCited by 5 opinions

Before Watts, J., Anderson, October 29,1894. Action by A. A. Davis against S. D. Childers, for possession of personal property, and for damages for detention and malicious seizure. The Judge charged the jury as follows: This is an action brought by A. A. Davis against Messrs. Childers and Laboon.

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Before Watts, J., Anderson, October 29,1894. Action by A. A. Davis against S. D. Childers, for possession of personal property, and for damages for detention and malicious seizure. The Judge charged the jury as follows: This is an action brought by A. A. Davis against Messrs. Childers and Laboon. The complaint in substance states that the plaintiff was in lawful possession of one open top buggy worth $60, and one set of harness worth $6, and that on the 3d of November, 1893, the defendant, Baboon, entered his premises and seized and carried it away without any authority of law, and turned it…

1Opinion of the Court

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 wrongful and malicious seizure of said property.

It is alleged in the complaint, that the defendant, S. D. Childers, procured and directed the defendant, J. B. Gaboon, to seize and take from the possession of the plaintiff said property, during the absence of the plaintiff from home,…

2Cited by5 opinions

  1. Sparkman v. First State BankTexas Supreme Court · 1922
  2. Creech v. LongSupreme Court of South Carolina · 1905
  3. Hellstrom v. First Guaranty BankNorth Dakota Supreme Court · 1926
  4. Galbraith v. First State Bank & Trust Co.Court of Appeals of Texas · 1910
  5. Seeds v. CuppOhio Court of Appeals · 1935

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