Whaley v. Stevens
Supreme Court of South Carolina
Before Hudson, J., Charleston, February, 1887. This was an action by Thomas Whaley against William S. Stevens, commenced in Berkeley County, and by consent transferred for trial to Charleston County. See 24 S. 0., 479, and also 21 Ibid., 221. The opinion states the nature of the action.' The charge of the Circuit Judge (omitting his charge upon requests not excepted to) was as follows: The plaintiff asks me to charge the following propositions : First.
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Before Hudson, J., Charleston, February, 1887. This was an action by Thomas Whaley against William S. Stevens, commenced in Berkeley County, and by consent transferred for trial to Charleston County. See 24 S. 0., 479, and also 21 Ibid., 221. The opinion states the nature of the action.' The charge of the Circuit Judge (omitting his charge upon requests not excepted to) was as follows: The plaintiff asks me to charge the following propositions : First. “That such a right of way as that described and claimed by plaintiff in his complaint is a right of way appurtenant to the Caneslatch…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Chief Justice SimpsoN.
The plaintiff, respondent, brought the action below to recover damages for obstruction to a right of way alleged to be appendant and appurtenant to plaintiff’s “Caneslatch” plantation. The defendant demurred orally on the ground that the complaint did not state facts sufficient to constitute a cause of action. This demurrer was overruled by his honor, Judge Hudson presiding, and the case proceeded to a verdict for the plaintiff. The exceptions allege error to the judge, first, because the demurrer was not sustained, and then…
2Cases cited1 opinion
- Hamilton v. . White and WhiteNew York Court of Appeals · 1851
3Cited by6 opinions
- Corea v. HigueraCalifornia Supreme Court · 1908
- Brasington v. WilliamsSupreme Court of South Carolina · 1927
- Steele v. WilliamsSupreme Court of South Carolina · 1944
- Lewis v. PopeSupreme Court of South Carolina · 1910
- Kershaw v. BurnsSupreme Court of South Carolina · 1912
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