Legal Opinion

Smith v. Lafar

Supreme Court of South Carolina

Decided November 27, 1903PublishedCited by 4 opinions

Before Watts, J., Greenville, November, 1902. Action by Calvin Smith against S. G. Lafar, chief State constable. From order dismissing the complaint, the plaintiff appeals. cite: Whiskey seized was in transit: 170 U. S., 438, 412; 55 S. C., 207. As to what are irrelevant allegations: 'Pom. Code Rem., sec. 551; 50 S. C., 54; 60 S. C., 381. Statutory remedy does not abrogate the old: 23 Ency., 1 ed., 393.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Woods.

The plaintiff in his complaint alleges the shipment by express to him from Statesville, N. C., to Greenville, S. C., of one gallon of corn whiskey, purchased in Statesville exclusively for his own personal use, and the malicious, wilful and unlawful seizure from the express company of the whiskey by the defendant, a dispensary constable; that he gave the defendant full notice before the seizure, that the whiskey had been purchased in Statesville, N: C., and was intended for his own personal use; that he was damaged bysaid seizure to'…

2Cases cited2 opinions

  1. Rhodes v. IowaSupreme Court of the United States · 1898
  2. Smith v. SmithSupreme Court of South Carolina · 1897

3Cited by4 opinions

  1. Dennis v. Columbia Electric Street Railway, Light & Power Co.Supreme Court of South Carolina · 1912
  2. Charleston & W. C. Ry. Co. v. GosnellSupreme Court of South Carolina · 1916
  3. Monumental Brewing Co. v. WhitlockSupreme Court of South Carolina · 1918
  4. Smoak v. RobinsonSupreme Court of South Carolina · 1930

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