Jones v. Parker
Supreme Court of South Carolina
Before Prince, J. Richland, April, 1907. Action by Eli Jones and Eliza Jones against E. W. Parker, E. A. Eorick and J. A. H. Geiger.
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Before Prince, J. Richland, April, 1907. Action by Eli Jones and Eliza Jones against E. W. Parker, E. A. Eorick and J. A. H. Geiger. From the judgment against Parker, for plaintiffs, he appeals. cite: As to charge on facts: 47 S. C., 489; 51 S. C., 453. Parker is not responsible for the assault: 4 S. C., 386; 1 Ency., 1135. Lorick had authority to call in assistance: 2 McM., 202; 1 Ency., 631. As to constructive levy: 2 Brev., 501; 50 S. C., 112. Trespasser has right to protect himself from serious bodily harm while being ejected: 79 S. C., 144; 2 Ency., 977; 43 S. C., 114. Parker is only…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
The complaint alleges that on the 9th of January, 1906, the defendant violently assaulted the plaintiff, Eliza Jones, thereby producing a miscarriage, to her damage five thousand dollars.
The defendants interposed a general denial, and the defendant, Parker, also set up as a defense: That at the time mentioned in the complaint, he was engaged in the business of real estate agent in the city of Columbia, and as such, represented Mrs. Mamie McCreery Melton, in renting out, in his own name as agent, about twenty-five cottages, in what is…
2Cases cited3 opinions
- Williams v. TolbertSupreme Court of South Carolina · 1907
- Long v. McKissickSupreme Court of South Carolina · 1897
- Battle v. Cape Fear Lumber Co.Supreme Court of South Carolina · 1905
3Cited by3 opinions
- Mims v. BennettSupreme Court of South Carolina · 1931
- State v. ChristensenSupreme Court of South Carolina · 1940
- Lower Main St. Bk. v. Caledonian Ins. Co.Supreme Court of South Carolina · 1926