Legal Opinion

Dunham v. Carson

Supreme Court of South Carolina

Decided September 29, 1892PublishedCited by 4 opinions

Before Izlae, J., Charleston, November, 1890. This was an action by C. T. Dunham against Caroline Carson, commenced on August 11, 1886, in Berkeley County, and afterwards transferred to Charleston County for trial.

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Before Izlae, J., Charleston, November, 1890. This was an action by C. T. Dunham against Caroline Carson, commenced on August 11, 1886, in Berkeley County, and afterwards transferred to Charleston County for trial. The opinion sufficiently states the case; but if a full history is desired of all the litigation which has grown out of the mortgages on Dean Hall plantation, it will be found by consulting the following cases in their order: Robertson v. Carson, 19 Wall., 94; MoBurney v. Carson, 99 TJ. S., 567; Hyatt v. McBurney, 15 S. C., 393; 17 Id., 143; 18 Id., 199; Carson v. Hyatt, 118 TJ.…

1Opinion of the Court

Tbe opinion of tbe court was delivered by

Me. Chief Justice MoIvee.

Tbe single question presented by this appeal is, whether the Circuit Judge erred in sustaining the defendant’s plea in bar, and rendering judgment dismissing the complaint. For a proper understanding of this question, a brief statement will be necessary. It seems that on the 15th of October, 1879, the executors of one Hyatt commenced an action, in the Court of Common Pleas for Charleston County, in this State, against William McBurney and others, members of the firm of Hyatt, McBurney & Co., and the defendant herein, Caroline…

2Cases cited5 opinions

  1. Marshall v. HolmesSupreme Court of the United States · 1891
  2. Durant v. Essex Co.Supreme Court of the United States · 1869
  3. Carson v. HyattSupreme Court of the United States · 1886
  4. Lyon v. Perin & Gafe Manufacturing Co.Supreme Court of the United States · 1888
  5. Rosse v. RustNew York Court of Chancery · 1820

3Cited by4 opinions

  1. McCabe v. Southern Ry. Co.U.S. Circuit Court for the District of South Carolina · 1901
  2. Calvert v. Southern Ry. Co.Supreme Court of South Carolina · 1900
  3. Title Guaranty & Surety Co. of Scranton v. GuernseyDistrict Court, W.D. Washington · 1913
  4. Young v. Southern Bell Telephone & Telegraph Co.Supreme Court of South Carolina · 1906

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