Legal Opinion

Dial v. Tappan

Supreme Court of South Carolina

Decided November 2, 1883PublishedCited by 1 opinion

Before Cothran, J., Richland, October, 1881, and "Wither-spoon, J., July, 1882. Action by George L. Dial, administrator of Asa Bnrke, against Henry L. Tappan, commenced June 6th, 1881. The opinion states the case. The order of Judge Cothran overruling the demurrer was as follows: It appears that these parties, in the same relation of plaintiff and defendants, and upon the same causes of action, have heretofore been in this court and in the Supreme Court.

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Before Cothran, J., Richland, October, 1881, and "Wither-spoon, J., July, 1882. Action by George L. Dial, administrator of Asa Bnrke, against Henry L. Tappan, commenced June 6th, 1881. The opinion states the case. The order of Judge Cothran overruling the demurrer was as follows: It appears that these parties, in the same relation of plaintiff and defendants, and upon the same causes of action, have heretofore been in this court and in the Supreme Court. See 14 S. G. 573, and also Ex parte Dial, Id. 584. At the conclusion of the opinion of the court in the case last referred to, Simpson, C.…

1Opinion of the Court

The opinion of the court was delivered by

Me. Chief Justice Simpson.

The defendant, a citizen of Hichland county, in this State, on February 19th, 1873, executed and delivered his bond to Asa Burke, a citizen of Massachusetts, conditioned to pay $2,500, and on the same day executed a mortgage to Burke of certain real estate in the city of Columbia to secure the payment of said bond. Burke afterwards, to wit, in 1879, died testate in Suffolk county, Massachusetts, the place of his residence. In October, 1879, letters of administration with the will annexed were granted to one Philip Sowden, by…

2Cases cited2 opinions

  1. Bird v. CottonSupreme Court of Missouri · 1874
  2. Farmers' and Mechanics' Bank of Genesee v. . WadsworthNew York Court of Appeals · 1862

3Cited by1 opinion

  1. Coburn v. ColemanDistrict Court, W.D. South Carolina · 1947

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