Lark v. Cooper Furniture Co.
Supreme Court of South Carolina
Before Gary, J., Anderson, Summer term, 1919. Action by Laura Lark against the Cooper Furniture Company, begun in magistrate’s Court and appealed to the Circuit Court. From a judgment of the Circiut Court for defendant, plaintiff appeals. submits: The finding of the Circuit Judge that entry was made over 4he repeated protest of plaintiff-appellant is conclusive of the law of the case, and that it was error for him to dismiss the case after finding that she had been wronged.
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Before Gary, J., Anderson, Summer term, 1919. Action by Laura Lark against the Cooper Furniture Company, begun in magistrate’s Court and appealed to the Circuit Court. From a judgment of the Circiut Court for defendant, plaintiff appeals. submits: The finding of the Circuit Judge that entry was made over 4he repeated protest of plaintiff-appellant is conclusive of the law of the case, and that it was error for him to dismiss the case after finding that she had been wronged. He should have given judgment according to the justice of the case: Code of Procedure, sec. 407. To trespass upon the…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gage.
The plaintiff sued in tort for wrongful entry into her house. The magistrate found for the plaintiff $25.
The Circuit Court reversed that judgment and ordered judgment for the defendant. “
The plaintiff has appealed therefrom.
The following are the circumstances in the case:
The plaintiff is a negress. She rented a house to Wilson, and he was in arrears of rent for $46. Wilson had in the house a lot of furniture which he had bought from the defendant, and upon which he owed $26.25, and Wilson held the furniture on a “written lease” from…
2Cited by2 opinions
- Lyda v. CooperSupreme Court of South Carolina · 1933
- Galloway v. General Motors Acceptance CorporationCourt of Appeals for the Fourth Circuit · 1939