Legal Opinion

Fuller v. Edings

Court of Appeals of South Carolina

Decided January 15, 1858Published

BEFORE GLOVER, J., AT CHARLESTON, FALL TERM, 1857. The report of bis Honor, tbe presiding Judge, is as follows: “The 12th section of ‘an Act to establish certain Roads, Bridges and Perries,’ passed Dec., 1856, (12 Stat. 506,) provides, ‘ that E. N. Puller, Edward W. Seabrook, Edward H. Baynard, Ephraim S. Mikell, Thomas A. Baynard, Ephraim C. Bailey, Joseph W. Seabrook, Oliver H. Middleton, James E. Whaley, and Ephraim M. Seabrook, or such of them as may act in this behalf,…

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BEFORE GLOVER, J., AT CHARLESTON, FALL TERM, 1857. The report of bis Honor, tbe presiding Judge, is as follows: “The 12th section of ‘an Act to establish certain Roads, Bridges and Perries,’ passed Dec., 1856, (12 Stat. 506,) provides, ‘ that E. N. Puller, Edward W. Seabrook, Edward H. Baynard, Ephraim S. Mikell, Thomas A. Baynard, Ephraim C. Bailey, Joseph W. Seabrook, Oliver H. Middleton, James E. Whaley, and Ephraim M. Seabrook, or such of them as may act in this behalf, be authorized and empowered, at their own expense, to build and construct a road and wharf, from a point at or near the…

1Opinion of the Court

The opinion of tbe Court was delivered by

WhitNER, J.

Tbe report of tbe Circuit Judge very fully *245presents tbe facts upon wbicb tbe judgment of this Court is asked. We are not entirely without embarrassment as to some questions of a purely tecbnical character presented by tbe form of proceeding as well as tbe stage at wbicb tbe adjudication of this Court is demanded touching tbe real controversy in this case.

Tbe Commissioners have made a special return in virtue of tbe order of tbe Court at a preceding term, and our first inquiry is whether this is in fact such a report as will warrant any…

2Cases cited3 opinions

  1. Calking v. BaldwinNew York Supreme Court · 1830
  2. Stowell v. FlaggMassachusetts Supreme Judicial Court · 1814
  3. Shaw v. LoudMassachusetts Supreme Judicial Court · 1815

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