Duncan v. Westerlund
Supreme Court of South Carolina
Before Mauldin, J., Charleston, Spring term, 1918. Action by Agnes Duncan and others against George D. Westerlund and others.
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Before Mauldin, J., Charleston, Spring term, 1918. Action by Agnes Duncan and others against George D. Westerlund and others. Judgment for plaintiffs, and sundry defendants appeal. cite: As to the cause of action being barred by the statute of limitations: 209 111. 385; 70 N. E. 685; 119 111. 207; 9 N. E. 208; 111 Ga. 654; 57 E. R. A. 504; 9 S. E. 351; 30 S. C. 617; 11 Hill’s Eq. 90; 1 Hill 292; 39 Cyc., p. 464, sec. Ill; 118 U. S. 104. As to the bar of the statute of limitations: Civil Code of S. C. 1912, vol. II, sections 126, 148, 147, 157; 18 S. C. 280; 25 S. C. 234; 39 S. C. Daw 501; 18…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice Gary.
This action was commenced on the 18th of June, 1917. Archibald Duncan and his son, John Duncan, were partners under the firm name of Archibald Duncan & Son. They owned and operated a machine shop, prior to the War Between the Sections, which during the latter part of the war was seized by the Federal authorities. Archibald Duncan died in 1880, but prior to his death the firm had not taken any proceedings for compensation for the‘use of the shop by the Federal authorities. In 1887 Alice Duncan, the widow of Archibald Duncan,…
2Cases cited3 opinions
- Clay v. FreemanSupreme Court of the United States · 1886
- Stokes v. StokesSupreme Court of South Carolina · 1902
- Thomas v. BoydSupreme Court of Virginia · 1908
3Cited by2 opinions
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