Legal Opinion

Smith v. Walke

Supreme Court of South Carolina

Decided March 25, 1895PublishedCited by 6 opinions

Before Watts, J., York, April, 1894. Action by J. A. Smith against Kate G. Walke. The complaint sought judgment against the defendant for $250, “obtained from the plaintiff herein, at her special instance and request,” at “Blacksburg, S. C.” The defendant denied what was not specially admitted, and alleged “that the said contract was made in Bessemer City, State of North Carolina;” that both plaintiff and defendant reside in North Carolina, and that another action is pending…

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Before Watts, J., York, April, 1894. Action by J. A. Smith against Kate G. Walke. The complaint sought judgment against the defendant for $250, “obtained from the plaintiff herein, at her special instance and request,” at “Blacksburg, S. C.” The defendant denied what was not specially admitted, and alleged “that the said contract was made in Bessemer City, State of North Carolina;” that both plaintiff and defendant reside in North Carolina, and that another action is pending between the same parties in this court. From a verdict for plaintiff, defendant appealed on the following grounds: 1.…

1Opinion of the Court

The opinion of the court was delivered by

Mr. Justice Gary.

This action was commenced on the 11th day .of November, 1893, by summons and complaint personally served on the defendant, in Yorkville, S. G. The action was upon a demand for $250, alleged to have been loaned to *383defendant by plaintiff, at Bessemer City, in the State of North Carolina, where both parties to the transaction resided, on the 3d day of April, 1893, the date of the alleged loan. At the hearing, the defendant’s attorney moved to dismiss the action, on the grounds that the plaintiff and defendant, at the time of the contract…

2Cited by6 opinions

  1. Nixon & Danforth v. Piedmont Mutual InsuranceSupreme Court of South Carolina · 1906
  2. Jenkins v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1909
  3. Garrett v. Herring Furniture Co.Supreme Court of South Carolina · 1904
  4. State Ex Rel. Jernigan v. StickleySupreme Court of South Carolina · 1908
  5. Best v. Seaboard Air Line Ry.Supreme Court of South Carolina · 1905

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