Legal Opinion

Spool Cotton Co. v. King & Tiller

Supreme Court of South Carolina

Decided March 9, 1904PublishedCited by 2 opinions

Before Klugh, J., Richland, April, 1903. Action in magistrate court by The Spool Cotton Co. against King and Tiller. From judgment for plaintiff, reversing magistrate, defendants appeal. cites: Answer does not admit partnership: 32 S. C., 245; 27 S. C., 166; 17 S. C., 465; 1 Ency. P. & P., 804; 22 S. C., 557; 14 S. C., 321; 22 Ency., 2 ed., 60, 61, 64; Smith’s Mer. L., 73; 4 Johns.

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Before Klugh, J., Richland, April, 1903. Action in magistrate court by The Spool Cotton Co. against King and Tiller. From judgment for plaintiff, reversing magistrate, defendants appeal. cites: Answer does not admit partnership: 32 S. C., 245; 27 S. C., 166; 17 S. C., 465; 1 Ency. P. & P., 804; 22 S. C., 557; 14 S. C., 321; 22 Ency., 2 ed., 60, 61, 64; Smith’s Mer. L., 73; 4 Johns. R., 251; 76 N. C., 139; 19 Ency., 337. Admission of testimony after ruling is within discretion of trial Judge: 57 S. C., 294; 22 S. C., 560; Code Proc., 88, sub. 15. And not reviewable on appeal: 26 S. C., 190; 23…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Jones.

This action was brought in a magistrate’s court for a balance alleged to be due plaintiff by defendants upon an account for g-oods, spool cotton, sold and delivered to defendants. The magistrate gave judgment in favor of defendants upon the ground that he found no testimony whatever as to partnership of the defendants, as alleged in the complaint. This judgment was reversed by the Circuit Court and the case remanded for a new trial; thereupon the defendants appeal to this Court.

The main question is whether the answer of the defendant…

2Cited by2 opinions

  1. Trexler v. McINTRYESupreme Court of South Carolina · 1950
  2. American Type Founders Co. v. Greenwood Printing Co.Supreme Court of South Carolina · 1911

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