Glenn v. Gerald
Supreme Court of South Carolina
Before Gags, J., Greenville, April, 1902. Action by Thomas G. Glenn against George Gerald and other heirs at law of Lucy T. Gerald, and M. G. Conyers.
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Before Gags, J., Greenville, April, 1902. Action by Thomas G. Glenn against George Gerald and other heirs at law of Lucy T. Gerald, and M. G. Conyers. Prom Circuit decree, Warren, Charles, Shuman and Ella Gerald appeal. cites: Services originally rendered gratuitously cannot be afterwards charged for: 1 Bay, 101; 2 Bail., 309. There can be no implied contract of this kind: 3 Strob., 321; 2 Bail., 309; 35 S. C., 551; 34 S. C., 255. Permitting a relative to reside in a family as a friend, cannot afterwards be charged for: Bail. Eq., 334; 37 S. C., 161; 38 S. C., 158. As to liability of estate…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Pope.
Mrs. Lucy T. Gerald died intestate on the 25th March, 1901, her husband, George Gerald, surviving her. The plaintiff brought his action as am individual, though in his complaint he set up the fact that he had been appointed the administrator of her personal estate, which was less than $10. He made the defendants parties. The action was appealed from the probate court to the Circuit Court.- The Circuit Judge ordered an ’amendment of the complaint by styling the plaintiff also as administrator. This constitutes one of the grounds of…
2Cited by4 opinions
- Joiner v. FortSupreme Court of South Carolina · 1954
- Truax v. EllettSupreme Court of Iowa · 1944
- In Re: Johnson's EstateSupreme Court of South Carolina · 1942
- Johnson v. CrutchfieldSupreme Court of South Carolina · 1942