Legal Opinion

State v. Pace

Court of Appeals of South Carolina

Decided May 15, 1856Published

before Withers, j., at abbeyille, spring term, 1856. The defendant was indicted under tbe 16th Section of the ■Act of 1839. The following is a copy of the indictment: “ The State of South Carolina, Abbeville District. — To wit: “At a Court of General Sessions begun and holden, in and for the District of Abbeville, in the State of South Carolina, at Abbeville Court House, in.the District and State aforesaid, on the first Monday in October, in the year of our Lord one thousand…

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before Withers, j., at abbeyille, spring term, 1856. The defendant was indicted under tbe 16th Section of the ■Act of 1839. The following is a copy of the indictment: “ The State of South Carolina, Abbeville District. — To wit: “At a Court of General Sessions begun and holden, in and for the District of Abbeville, in the State of South Carolina, at Abbeville Court House, in.the District and State aforesaid, on the first Monday in October, in the year of our Lord one thousand eight hundred and fifty-five, the jurors of and for the District of Abbeville aforesaid, in the State of South Carolina…

1Opinion of the Court

The opinion of the Court was delivered by

Glover, J.

The 16th sec. of the Act under which the defendant is indicted, authorises the Ordinary to issue process, as for a contempt, against any one who having in his possession the will of a deceased person has neglected to produce it for probate. If the possession of the will be traced to him, at any time before the service of citation by the Ordinary, he must produce it or give some satisfactory account of its loss or destruction. In this ease it is not necessary to inquire or determine, whether the provisions of the Act apply where one, to whose…

2Cases cited3 opinions

  1. United States v. FurlongSupreme Court of the United States · 1820
  2. Kane v. PeopleNew York Supreme Court · 1829
  3. Byrnes v. National InsuranceNew York Supreme Court · 1823

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