Dunsford v. Brown
Supreme Court of South Carolina
Before Cothran, J., Richland, July, 1884. The decision of this court in the former action of Lunsford v. Brown (19 S. 0., 560), and the statements in the Circuit decree, fully state this case. By agreement of counsel the following questions were submitted to his honor for decision: First. Is the plaintiff estopped from bringing the present action by the judgment in the former case? Second.
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Before Cothran, J., Richland, July, 1884. The decision of this court in the former action of Lunsford v. Brown (19 S. 0., 560), and the statements in the Circuit decree, fully state this case. By agreement of counsel the following questions were submitted to his honor for decision: First. Is the plaintiff estopped from bringing the present action by the judgment in the former case? Second. If not, does the judgment in the former action so conclusively establish the existence of a judgment of the Probate Court discharging the defendant, Brown, as to estop the plaintiff from averring against…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Ohier Justice Simpson.
The action below was brought by the plaintiff, appellant, against the defendant Brown (guar*336dian of appellant), and the other defendants, his sureties, to set aside an alleged pretended settlement, receipt, and discharge claimed by the defendant Brown, and also for an accounting by Brown for his actings and doings as said guardian. The main defence interposed was res adjudicata, growing out of a previous action in which, as averred in the answer, the matters herein were considered and adjudged, first in the Circuit Court, and…
2Cited by2 opinions
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- Ex Parte GoldsmithSupreme Court of South Carolina · 1904