Whaley v. Lawton
Supreme Court of South Carolina
Before Klugh, J., Charleston, March, 1897. Action by W. S. Whaley against W. Wallace Lawton. Defendant appeals. No crime is charged: 9 S. C., 309; 24 S. C., 189 ~ and cause of action must he dismissed: 2 Hill. L., 469; 16 S. C., 388; 2 Blacks., 259; 32 Pa.
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Before Klugh, J., Charleston, March, 1897. Action by W. S. Whaley against W. Wallace Lawton. Defendant appeals. No crime is charged: 9 S. C., 309; 24 S. C., 189 ~ and cause of action must he dismissed: 2 Hill. L., 469; 16 S. C., 388; 2 Blacks., 259; 32 Pa. St., 168. As to authority of ministerial magistrate of Charleston: Rev. Stat., 862; 22 Stat., 472; 32 S. C., 56. No sufficient allegation of final termination of prosecution: 1 N. & McC., 36; 3 McC., 461; 34 S. C., 328; 4 McC., 356; 3 Strob., 581; 2 Selwyn, 1060; 2 Dunf. and E., 225; 2 Code R., 51; 16 Ala., 64; 4 Rich., 374. As to issuing…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice McIver.
This was an action for malicious prosecution originally commenced on the 22d May, 1897. It seems that in the original complaint the plaintiff undertook to state five different causes of action — two for false imprisonment and three for malicious prosecution. To that complaint defendant demurred upon the ground that several causes of action were improperly united, which was heard by his Honor, Judge Ernest Gary, who passed an order sustaining the demurrer, but allowing the plaintiff to elect upon which of the several causes of…
2Cited by9 opinions
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- State v. BoyerSupreme Court of South Carolina · 1910
- State v. WilliamsSupreme Court of South Carolina · 1909
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