Legal Opinion

Sims v. Davis

Supreme Court of South Carolina

Decided December 8, 1904PublishedCited by 4 opinions

Before Townsend, J., Richland, July, 1903. Motion to continue the case of James C. F. and Frank E. Sims against George W. Davis against the heirs and administrator of the defendant, who died during action pending. The plaintiffs commenced an action on September 5, 1891, against the defendant, George W. Davis, for damages for trespass on lands in possession of plaintiff, and to which they claimed title.

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Before Townsend, J., Richland, July, 1903. Motion to continue the case of James C. F. and Frank E. Sims against George W. Davis against the heirs and administrator of the defendant, who died during action pending. The plaintiffs commenced an action on September 5, 1891, against the defendant, George W. Davis, for damages for trespass on lands in possession of plaintiff, and to which they claimed title. Defendant answered denying the allegations in the complaint and alleging title in himself to the land. In April, 1899, the following notice of motion anad affidavit was served upon Mrs. Mary E.…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Woods.

The pleadings and the several notices and orders which are involved in this appeal are set out in full in the report of the case. The exceptions will not be considered in detail. The two* main questions involved are: First. Did the cause of action stated in the complaint survive or continue against the heirs of the defendant upon his death during" the pendency of the action ? Second. If it did survive, was it necessary, upon the filing of a supplemental complaint, more than one year after the death of the defendant, to issue a new…

2Cases cited2 opinions

  1. Heyward v. Farmers' Mining Co.Supreme Court of South Carolina · 1894
  2. Lyles v. HaskellSupreme Court of South Carolina · 1892

3Cited by4 opinions

  1. Beaufort Land & Investment Co. v. New River Lumber Co.Supreme Court of South Carolina · 1910
  2. Little v. LITTLESupreme Court of South Carolina · 1953
  3. Elkin v. Southern RailwaySupreme Court of South Carolina · 1930
  4. McAuley v. Orr.Supreme Court of South Carolina · 1914

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