Wilkes v. Southern Ry.
Supreme Court of South Carolina
Before Klugh, J., Fairfield, February, 1909. Action by Jas. Y. Wilkes against Southern Ry. Co. From judgment on Circuit affirming judgment of magistrate, JnO'. D. Blair, defendant, appeals. cites: Mortgagee is proper party to sue: 82 S'. C., 500; 48 S'. C., 405. Magistrate court had no jurisdiction of mortgagor’s equity of redemption: 48 S. C., 405; 51 S¡. C., 42; 59 S. C., 435; 60' S. C., 103. Plaintiff showed no damages cognisable in magistrate court: 81 S. C., 461.…
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Before Klugh, J., Fairfield, February, 1909. Action by Jas. Y. Wilkes against Southern Ry. Co. From judgment on Circuit affirming judgment of magistrate, JnO'. D. Blair, defendant, appeals. cites: Mortgagee is proper party to sue: 82 S'. C., 500; 48 S'. C., 405. Magistrate court had no jurisdiction of mortgagor’s equity of redemption: 48 S. C., 405; 51 S¡. C., 42; 59 S. C., 435; 60' S. C., 103. Plaintiff showed no damages cognisable in magistrate court: 81 S. C., 461. Recovery may be had by mortgagor: 6 Dawson’s R. R. & P., 5011; 5 Ency., 999; 7 Cyc., 18; Bliss on Code Pleading, section 23; 2…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
Plaintiff recovered damages for injury to a mule, which was struck by one of defendant’s trains. On cross-examination, he testified: “Mr. Ragsdale has small amount due on this mule under mortgage.” The testimony further showed that this Mr. Ragsdale was a witness for the plaintiff at the trial, and had written a letter to the defendant’s stock claim agent for the plaintiff, which was signed by the plaintiff, demanding payment to the plaintiff for the damage to the mule.
The sole question raised by the exceptions, which this Court can…
2Cited by15 opinions
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- Harris v. . R. R.Supreme Court of North Carolina · 1925
- Harris v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1925
- Munz v. National Bond Investment CompanyCourt of Appeals of Kentucky (pre-1976) · 1932
- McCullough v. Goodrich & Pennington Mortgage Fund, Inc.Supreme Court of South Carolina · 2007
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