Legal Opinion · Concurrence

McAulay v. McAulay

Supreme Court of South Carolina

Decided October 29, 1913No. 8681Published

Before MemmingI;r, J., Abbeville, Action by Ressa G. McAulay against Minna M. McAulay, in her own right and as executrix. Plaintiff appeals. cites: Case not within statute of frauds: 3 Dess. Eq. 514; 57 S. C. 576; 36 S. E. 780. Defendant is estopped from setting up the defenses interposed: 9 A. & E. Ann.

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Before MemmingI;r, J., Abbeville, Action by Ressa G. McAulay against Minna M. McAulay, in her own right and as executrix. Plaintiff appeals. cites: Case not within statute of frauds: 3 Dess. Eq. 514; 57 S. C. 576; 36 S. E. 780. Defendant is estopped from setting up the defenses interposed: 9 A. & E. Ann. Cas. 953; 21 S. E. 755; 48 S. C. 267; 50 S. C. 459; 57 S. C. 125; 100 U. S. 578; 16 Cyc. 722. cite: Promise to provide was not a consideration of the marriage: 22 S. C. 473; 25 At. 877; 22 S. W. 557. Previous offer of marriage having been refused, plaintiff must rely on what occurred just…

1Concurrence

I concur in the result. I think the Constitution requires a temporary appointment to fill the place of a Justice who is disqualified in a particular case, but there is no provision for filling the place of a Justice whose place is vacant, except section 2 of article V, and that provides for filling his place for the unexpired term. That provision is as follows: "All vacancies in the Supreme Court or inferior tribunals shall be filled by elections as herein prescribed : Provided, If the unexpired term does not exceed one year, such vacancy may be filled by executive appointment." This vacancy…

2Cases cited1 opinion

  1. Williams v. BenetSupreme Court of South Carolina · 1892

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