McLaurin v. Kelly
Supreme Court of South Carolina
Before G-ary, J., Marion, April, 1893. Action by Luther MoLaurin against D. J. Kelly. Ernest Gary, Esq., sat as special judge in the place of Judge Kershaw. The respondent asked that the judgment below be sustained upon the first three grounds taken in support of the motion for non-suit.
1Opinion of the Court
The opinion of the court was delivered by
Mr. Justice Pope.
The plaintiff in his complaint alleges that he has title to a tract of land of 100 acres, situate in Marion County, but that defendant unlawfully withholds possession from him. The defendant admits his possession of the land, but denies plaintiff’s title. The cause came on for trial at the April Term, 1893, of the Court of Common Pleas for Marion, before Special Judge Gary and a jury. After plaintiff had closed his testimony, the defendant moved for a non-suit on the following grounds, to wit: 1. Because there is no judgment — no…
2Cited by2 opinions
- Stroup v. Duke Power Co.Supreme Court of South Carolina · 1949
- State of West Virginia ex rel. Porter v. Judge FarrellWest Virginia Supreme Court · 2021