State v. Sartor
Court of Appeals of South Carolina
Tried before Mr. Justice Evans, at Union, Spring Term, 1847. The Presiding Judge. This was an indictment against the defendant for obstructing a highway. There are two public roads leading from Union Court House: one to Hamilton’s Ford, on Tyger river, the other to Cook’s bridge, on the same river. Connecting these two roads, at a point where they are about two or three miles apart, there is a road used by all the neighborhood, which has existed for more than 50- years.
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Tried before Mr. Justice Evans, at Union, Spring Term, 1847. The Presiding Judge. This was an indictment against the defendant for obstructing a highway. There are two public roads leading from Union Court House: one to Hamilton’s Ford, on Tyger river, the other to Cook’s bridge, on the same river. Connecting these two roads, at a point where they are about two or three miles apart, there is a road used by all the neighborhood, which has existed for more than 50- years. It is, and has been, as far back as the witnesses remembered, used as a passage from one road to the other, and by those…
1Opinion of the CourtO’Neall, J.
Upon the 5th ground of. appeal, it may be remarked, that there is no absolute legal necessity for a survey. It is only proof which the parties may or may not resort to, as they think proper. If the case can be made sufficiently plain to be understood, without a plat, there is no use in a survey. On this occasion that seems to have been done. As to the 6th ground, it cannot be necessary to do more than to remark that the offence charged against the defendant is not created by statute: it exists at common law. The statute law was referred to, not to give character to the offence, but to show…
2Cited by1 opinion
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