Fairey v. Haynes
Supreme Court of South Carolina
Before Prince, J., Orangeburg, Action by W. C. Fairey against William Haynes. Judgment for plaintiff, and defendant brings exceptions. submits: The charge was coercive and denied the jury the right of a free and independent action to disagree, if they so found, under threat of being sent to jail: Sec. 4050, vol.
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Before Prince, J., Orangeburg, Action by W. C. Fairey against William Haynes. Judgment for plaintiff, and defendant brings exceptions. submits: The charge was coercive and denied the jury the right of a free and independent action to disagree, if they so found, under threat of being sent to jail: Sec. 4050, vol. I, Code, 1912. This case having been once decided by this Court: 101 S. C. 499. If a trial Judge is permitted, to óoerce a jury into a verdict then the value of the system of trial by jury is at an end: Ann. Cas. 1915d, 664. The exclusive right to agree or not to agree rests with the…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydricic.
The nature of the action and a general statement of the facts will be found in the opinion of this Court on a former appeal. 101 S. C. 499, 85 S. E. 1063. ft was there held that evidence of the transactions between the parties prior to the execution of the chattel mortgage of February 11, 1913, under which plaintiff claims title to the property in dispute, was admissible on the issue of payment. Therefore there was no error in admitting such evidence.
In attempting to prove payment defendant introduced two receipts, both dated March…
2Cases cited2 opinions
- State v. ShumanSupreme Court of South Carolina · 1916
- Fairey v. HaynesSupreme Court of South Carolina · 1915
3Cited by2 opinions
- Harper v. AbercrombieSupreme Court of South Carolina · 1921
- Nelson v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1939