Wieters v. May
Supreme Court of South Carolina
Before Aldrich, J., Charleston, Three cases by Rudolph D. Wieters against J. A. May and J. M. Polatty; same against M. B. Gideon, L. H. Wilson and M. C. Pool; same against J. F. Bateman, J. F. Schmidt, W. H. Griffin and A. F. Funderbunk.
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Before Aldrich, J., Charleston, Three cases by Rudolph D. Wieters against J. A. May and J. M. Polatty; same against M. B. Gideon, L. H. Wilson and M. C. Pool; same against J. F. Bateman, J. F. Schmidt, W. H. Griffin and A. F. Funderbunk. From Circuit orders refusing to strike out certain allegations, defendants, May, Gideon and Bateman, appeal. cite: An assault and battery or other unlawful violence committed by a constable does not constitute a breach of Ms official bond: 2 Utah, 284; 30 N. C., 415; 26 S. E. R-, 70.0'; 25 Ency., 2 ed., 723; 40 E. R. A., 631; 54 Md., 325; 22 Ency., 556. The…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
The cases above entitled were heard together, as they involve the same question. The action in each case is against a State constable under the dispensary law, and his sureties. The appeal is from an order of the Circuit Court refusing a motion in each case to strike out certain portions of the complaint.
The complaint in the first named case, after stating that the plaintiff was a resident merchant, doing business in the city of Charleston, and that defendant, May, at the times thereinafter mentioned, was a State Constable, appointed…
2Cases cited1 opinion
- State Ex Rel. Elliott v. JeterSupreme Court of South Carolina · 1901
3Cited by9 opinions
- First National Bank v. United States Fidelity & Guaranty Co.Supreme Court of South Carolina · 1945
- Ingo v. KochCourt of Appeals for the Second Circuit · 1942
- Jemison v. CrichlowAppellate Division of the Supreme Court of the State of New York · 1988
- Geros v. HarriesUtah Supreme Court · 1925
- Yongue v. National Surety Corp.Supreme Court of South Carolina · 1939
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