Legal Opinion

Pratt v. Timmerman

Supreme Court of South Carolina

Decided May 16, 1904PublishedCited by 10 opinions

Before Gage, J., Aiken, January, 1903. Action by Julia A. Pratt et at., doing business as Daniel Pratt Gin Co., against J. G. and R. H. Timmerman. The decree on Circuit is as follows: “This cause was remanded to this Court for a new trial, 62 S. C., 445. Thereafter Judge Aldrich, at chambers, made an order directing the master to take any further testimony offered, and to report the same to this Court.

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Before Gage, J., Aiken, January, 1903. Action by Julia A. Pratt et at., doing business as Daniel Pratt Gin Co., against J. G. and R. H. Timmerman. The decree on Circuit is as follows: “This cause was remanded to this Court for a new trial, 62 S. C., 445. Thereafter Judge Aldrich, at chambers, made an order directing the master to take any further testimony offered, and to report the same to this Court. That report is in, but the master was not directed to report his conclusions on the issues of law and of fact raised by the pleadings, always a matter of regret to a trial Judge. The testimony…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gary.

The facts of this case are set forth in the opinion of the Supreme Court upon the former hearing, and reported in 62 S. C., 441, 40 S. E., 941.

In order to understand the manner in which the issues raised by the pleadings were disposed of by the Circuit Court, it will be necessary to set out a copy of the decree of his Honor, Judge Gage, in the report of the case.

There are numerous exceptions, but it will not be necessary to consider them in detail.

1 The first question that will be considered is whether the defendants were entitled, as…

2Cases cited5 opinions

  1. Farmers' Mutual Ins. Ass'n of Edgefield v. BerrySupreme Court of South Carolina · 1898
  2. Green v. McCarterSupreme Court of South Carolina · 1902
  3. Gregory v. PerrySupreme Court of South Carolina · 1903
  4. Cudd v. WilliamsSupreme Court of South Carolina · 1893
  5. Daniel Pratt Gin Co. v. TimmermanSupreme Court of South Carolina · 1902

3Cited by10 opinions

  1. Welborn v. CobbSupreme Court of South Carolina · 1912
  2. The Mobley Co. v. McLucasSupreme Court of South Carolina · 1914
  3. Best v. Barnwell CountySupreme Court of South Carolina · 1920
  4. Farley, Rec'r v. MatthewsSupreme Court of South Carolina · 1933
  5. Hickson Lumber Co. v. StallingsSupreme Court of South Carolina · 1909

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