Legal Opinion

Alexander v. Hill

Supreme Court of South Carolina

Decided April 17, 1911No. 7858Published

Before Gagr, J., Calhoun, January, 1910. Action, 'by John Alexander against D. M. Able and F. F. Hill. Defendants appeal. Messrs. Buyck & Mann cite: Oppression defined: 14 Fed. 597. A distress to be illegal should be both unreasonable and excessive: Code 1902, 2434; 9 Eng.

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Before Gagr, J., Calhoun, January, 1910. Action, 'by John Alexander against D. M. Able and F. F. Hill. Defendants appeal. Messrs. Buyck & Mann cite: Oppression defined: 14 Fed. 597. A distress to be illegal should be both unreasonable and excessive: Code 1902, 2434; 9 Eng. C. L. R. 255; 22 Id. 281; 60 Id. 427; 51 S. C. 217. cite: Illness of counsel: 79 S. C. 85; 84 S. C. 574; 80 S. C. 335; 78 S. C. 556; 79 S. C. 85. Plaintiff entitled to compensatory damages: 62 S. C. 383; 82 S. C. 456. Issue is, was the levy a reasonable amount to pay the rent: 45 At. 537; 21 Pa. Sup. Gt. 635. Unreasonable…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Chief Justice Jones.

The plaintiff brought this action for damages, actual and punitive, alleging that defendant Able as landlord on April 22, 1909', wilfully, wantonly, and maliciously issued a distress warrant against plaintiff’s goods, fixtures and chattels in a storehouse in St. Matthews occupied by plaintiff as tenant, claiming eighty dollars to be due him as rent when no sum was d'ue, and that defendant Hill as agent acting under such warrant wilfully, wantonly and maliciously distrained the goods and chattels of plaintiff in said storehouse…

2Cases cited2 opinions

  1. Doane & Jones Lumber Co. v. Essex Building & Land Co.New Jersey Court of Chancery · 1900
  2. Jones v. McCreery Land & Investment Co.Supreme Court of South Carolina · 1909

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