C. M. Davis Son & Co. v. Stukes
Supreme Court of South Carolina
Before Wirson, J., Clarendon, August, 1922. Action by C. M. Davis Son & Co. against S. C. and Mamie E. Strikes. From order dismissing an appeal from a Magistrate the plaintiff appeals. cites: Remedies were distinct and independent and judgment on one was not adjudication -of the other.: 72 S. C., 34; 98 S. C., 190. cite: Res Adjudicata: 17 S. C., 40; 55 S. C., 507; 23 Cyc., 1215; 15 R. C. L., Par. 450. Form of action is immaterial: 23 Cyc., 1302; 52 S. C.,’ 166; 81 S. C.,…
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Before Wirson, J., Clarendon, August, 1922. Action by C. M. Davis Son & Co. against S. C. and Mamie E. Strikes. From order dismissing an appeal from a Magistrate the plaintiff appeals. cites: Remedies were distinct and independent and judgment on one was not adjudication -of the other.: 72 S. C., 34; 98 S. C., 190. cite: Res Adjudicata: 17 S. C., 40; 55 S. C., 507; 23 Cyc., 1215; 15 R. C. L., Par. 450. Form of action is immaterial: 23 Cyc., 1302; 52 S. C.,’ 166; 81 S. C., 516. Right of election: 72 S. C., 32.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Coti-iran.
Action in Court of Magistrate for $100.00 damages on account of the alleged conversion of a bale of cotton covered by a crop mortgage given by one Hilton to the plaintiffs ; the cotton having been seized and sold by the defendants.
Prior to the institution of this action the plaintiffs had brought an action in claim and delivery against the defendants' for the identical bale of cotton involved in the present controversy. The result of that action was a judgment in favor of the defendants. Tile plaintiff attempted to appeal from…
2Cases cited4 opinions
- McMahan v. McMahonSupreme Court of South Carolina · 1922
- Johnston-Crews Co. v. FolkSupreme Court of South Carolina · 1922
- Reynolds v. PhilipsSupreme Court of South Carolina · 1905
- Cannon v. CoxSupreme Court of South Carolina · 1914
3Cited by5 opinions
- Johnson v. Carolina Life InsuranceSupreme Court of South Carolina · 1942
- White v. LivingstonSupreme Court of South Carolina · 1959
- Horton v. HortonSupreme Court of South Carolina · 1949
- Jenkins v. Southern Ry.—Carolina DivisionSupreme Court of South Carolina · 1929
- Priester v. Southern Railway Co.Supreme Court of South Carolina · 1929