Harby v. Wells
Supreme Court of South Carolina
Before Townsend, J., Sumter, June, 1897. Action by J. J. Harby v. H. L,. B. Wells and E. J. Geddes in magistrate’s court. Judgment for plaintiff. Defendant, Geddes, appeals. Appeal dismissed, and he appeals to this Court. cite: Amendments: Code, 194; 41S. C., 145. Error to admit more testimony after motion of nonsuit: 1 N. & McC., 154; 43 S. C., 105. cites: Judgment of trial Judge on facts in law case final: 12 S. C., 222; 13 S. C., 115; 2 Strob.
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Before Townsend, J., Sumter, June, 1897. Action by J. J. Harby v. H. L,. B. Wells and E. J. Geddes in magistrate’s court. Judgment for plaintiff. Defendant, Geddes, appeals. Appeal dismissed, and he appeals to this Court. cite: Amendments: Code, 194; 41S. C., 145. Error to admit more testimony after motion of nonsuit: 1 N. & McC., 154; 43 S. C., 105. cites: Judgment of trial Judge on facts in law case final: 12 S. C., 222; 13 S. C., 115; 2 Strob. Iy., 156; 2 N. & McC., 99. Nonsuit improper where there is testimony to support issues: 45 S. C., 46. Judge ntay admit testimony after argument: 2…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Pope.
This action was commenced in a magistrate’s court in the county of Sumter, in this State, on the 7th day of March, 1897. The complaint alleges that the stallion owned by plaintiff served a black mare owned at the time of such service by the defendant, H. R. B. Wells, and the date of service was on the 21st of April, 1895; that said mare foaled a black colt; that said mare was owned at that time by the defendant, B. J. Geddes, who is now the owner; that the service was rendered under a contract of insurance at the price of $25, with the…
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