Rookard v. Atlanta & Charlotte Air Line Ry.
Supreme Court of South Carolina
Before W. B. Gruber, Special Judge, Spartanburg, November, 1911. Rule by defendant in Furman Rookard, administrator of Daniel Brown, against Atlanta & Charlotte Air Tine Ry.
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Before W. B. Gruber, Special Judge, Spartanburg, November, 1911. Rule by defendant in Furman Rookard, administrator of Daniel Brown, against Atlanta & Charlotte Air Tine Ry. Movant appeals. cite: Motion is equitable: 67 S. C. 114. Court may set off one judgment against another: 31 S. C. 391; 3 Strob. 196; 2 MeC. 204. Statutes on same subject must be construed together: 36 Cyc. 1086; 83 S. C. 427. Funds in hands of administrator is liable for costs: 1 Bail. 533. Homestead is not reserved against this claim: 19 S. C. 242; 16 S. C. 216; 77 S. C. 112. cite: Set off should not be allowed against…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
Plaintiff brought this action to recover damages of defendant for the wrongful death of his intestate, Daniel Brown. He recovered a judgment for $2,000.00, which was reversed on appeal, and a new trial was granted. 84 S. C. 190, 65 S. 'E. 1047. Thereafter, defendant entered judgment against plaintiff for $142.75, the costs and disbursements of the appeal. On the second trial, plaintiff recovered judgment for $500.00. Thereupon, defendant obtained a rule requiring plaintiff to show cause why defendant’s judgment should not be set off…
2Cases cited4 opinions
- Caldwell v. RyanSupreme Court of Missouri · 1908
- Small v. UsherSupreme Court of South Carolina · 1907
- New York Life Ins. v. BradleySupreme Court of South Carolina · 1909
- Hallman v. GeorgeSupreme Court of South Carolina · 1905
3Cited by14 opinions
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- Smalls v. South Carolina Department of EducationCourt of Appeals of South Carolina · 2000
- Massachusetts Bonding & Insurance v. LawSupreme Court of South Carolina · 1929
- State v. Firemen's Insurance Co.Supreme Court of South Carolina · 1931
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