Trumbo v. Finley
Supreme Court of South Carolina
Before Kershaw, J., Charleston, June, 1881. The opinion states the case. The order of the Circuit judge was as follows: I think the complaint is defective. The authority of Sir William Blackstone, construing the statute from which this is taken almost verbatim, indicates what a “ time ” or “ sitting ” is.
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Before Kershaw, J., Charleston, June, 1881. The opinion states the case. The order of the Circuit judge was as follows: I think the complaint is defective. The authority of Sir William Blackstone, construing the statute from which this is taken almost verbatim, indicates what a “ time ” or “ sitting ” is. He defines both of those terms as not referring to a day or a period of time, in the ordinary use of that term, but to a certain specific point of time — to an occurrence more than to a time. I think that is a reasonable and proper construction of this act. I don’t think it has reference to…
1Opinion of the Court
The opinion of the court was delivered by
Me. Justice McGowan.
This was a qui tarn action, brought by Augustus S. Trumbo, the plaintiff, against Thomas Finley and William K. Brown, the defendants, to recover $75,000, being treble damages for $25,000, alleged to have been won by them at a game of faro, from one Bentham It. Caldwell “ on or about ” certain days named in the different counts. The complaint contained one hundred and ten causes of action, of which the first was as follows:
“ For a first cause of action: That on or about the 24th day of July, 1879, in the city of Charleston, within…
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