Sams v. Hoover
Supreme Court of South Carolina
Before Witherspoon, J., Hampton, June, 1889. This was an action by Sams & Clark against J. A. Hoover for the recovery of the possession of a mule.
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Before Witherspoon, J., Hampton, June, 1889. This was an action by Sams & Clark against J. A. Hoover for the recovery of the possession of a mule. The affidavit upon which the motion for new trial was based, was as follows: Personally appeared W. J. Williams, who, on oath, says that he was present when Cyrus McPherson executed the mortgage of the “buck mule,” 17th January, 1888, to G. H. Hoover, agent; that Moses Chisolm was present and told Cyrus McPherson to mortgage the “buck mule” to Josephine A. Hoover. That the mule named “Buck” was the property of Cyrus McPherson ; said “that he had…
1Opinion of the Court
The opinion of the court was delivered by.
Mr. Justice McIver.
The action in this case was originally instituted in the trial justice’s court, and the plaintiff having recovered judgment there, the defendant gave due notice of appeal to the Circuit Court. Upon the call of the case in the last mentioned court, defendant moved for a new trial in the trial justice’s court, upon the ground of after-discovered evidence, set out in an affidavit of one Williams, which may be found in the '‘Case;” it being then too late to move before the trial justice for a new trial within the time prescribed by…
2Cited by10 opinions
- State v. JonesSupreme Court of South Carolina · 1911
- State v. BethuneSupreme Court of South Carolina · 1912
- Miller v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1913
- Smith v. QUATTLEBAUMSupreme Court of South Carolina · 1953
- State v. WilliamsSupreme Court of South Carolina · 1917
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