Aiken v. Seabury
Supreme Court of South Carolina
Before SeasE, J., Orangeburg, Action by Frances Aiken against Buddy Seabury. From a judgment of the Circuit Court dismissing an appeal from a judgment of a magistrate for defendant, plaintiff appeals. cite: As to jurisdiction: 60 S. C. 103; 87 S. C. 369. As to estoppel: 77 S. C. 420; 42 N. E. 447; 13 Pet. 107; 81 S. C. 331. Payment of taxes as evidence: 99 S. C. 180. Mortgage as evidence: 1 Cobbey Chattel Mtges. 267. Advances under mortgage: 97 S. C. 278. Contradiction of…
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Before SeasE, J., Orangeburg, Action by Frances Aiken against Buddy Seabury. From a judgment of the Circuit Court dismissing an appeal from a judgment of a magistrate for defendant, plaintiff appeals. cite: As to jurisdiction: 60 S. C. 103; 87 S. C. 369. As to estoppel: 77 S. C. 420; 42 N. E. 447; 13 Pet. 107; 81 S. C. 331. Payment of taxes as evidence: 99 S. C. 180. Mortgage as evidence: 1 Cobbey Chattel Mtges. 267. Advances under mortgage: 97 S. C. 278. Contradiction of witness on immaterial matter: 106 S. C. 11; 55 S. C. 32: 2 Bailey 127 and 473. As to what is collateral: Jones Evidence,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chiee Justice Gary.
This is an action in claim and delivery, to recover the possession of a horse. The case was tried by a magistrate without a jury, and he rendered judgment in favor of the defendant for possession of the 'property or for $75, the value thereof. The plaintiff appealed to the Circuit Court, but the appeal was dismissed, whereupon she appealed to this Court.
1 In dismissing the appeal, his Honor, the Circuit Judge, did not assign any reasons for his order, and there is nothing in the record, showing that he based his conclusion upon…
2Cases cited2 opinions
- Southern Railway-Carolina Division v. HowellSupreme Court of South Carolina · 1911
- Bagnal v. Southern Express Co.Supreme Court of South Carolina · 1917
3Cited by1 opinion
- Aiken v. GilmoreSupreme Court of South Carolina · 1917