Legal Opinion

Cathcart v. Matthews

Supreme Court of South Carolina

Decided October 11, 1920No. 10498PublishedCited by 2 opinions

Before Shipp, J., Fairfield, February term, 1917. Action by William M. Cathcart, as administrator of the Estate of Jno. H. Cathcart, Deceased, against J. E. Matthews and J. E. McDonald, as Executors of Jno. P. Matthews, Deceased.

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Before Shipp, J., Fairfield, February term, 1917. Action by William M. Cathcart, as administrator of the Estate of Jno. H. Cathcart, Deceased, against J. E. Matthews and J. E. McDonald, as Executors of Jno. P. Matthews, Deceased. From judgment for plaintiff, the defendant appeals. cite: This is old form of action to recover damages for wrongfid invasion of the possession of the plaintiff; the gist of such action is the injury done to such possession: 3 Elliott Evid., sec. 2649; 2 Greenleaf Evid., sec. 613. Action to recover real property with or without damages, may he joined with action for…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Hydricic.

This is the third appeal. The facts are stated in the opinion on the last appeal (105 S. C. 329, 89 S. E. 1021), and need not be repeated. On the last trial, the jury found a verdict for plaintiff for $1,000, and from judgment thereon defendants appealed.

The exceptions cover 12 pages of the record. They are so prolix and multifarious as to make it difficult to analyze or classify them. To consider them in detail would require an opinion of great length, which would serve no useful purpose.

1 There was no error in admitting testimony…

2Cases cited3 opinions

  1. Cathcart v. MatthewsSupreme Court of South Carolina · 1916
  2. Rabb v. PattersonSupreme Court of South Carolina · 1894
  3. Shired v. NesbitSupreme Court of South Carolina · 1911

3Cited by2 opinions

  1. Spence v. Spence Ex Rel. SpenceSupreme Court of South Carolina · 2006
  2. Spence v. Spence Ex Rel. SpenceSupreme Court of South Carolina · 2006

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