Legal Opinion

Lee v. Unkefer

Supreme Court of South Carolina

Decided March 14, 1910No. 7487Published

Before Hydrick, J., Spartanburg. Action by J. M. Lee against J. G. Unkefer et al. From judgment for plaintiff, defendant appeals.

1Opinion of the Court

March 14, 1910. The opinion of the Court was delivered by On first appeal in this case it was held the Circuit Court should have granted a nonsuit on the ground of a fatal variance between the allegations of the complaint and the proof offered; and the judgment for $4,410.72 was set aside, and the cause remanded for a new trial. On the second trial the verdict was for $5,500, but the Circuit Court ordered a new trial unless the plaintiff should remit all in excess of $4,456.78. The plaintiff complied with the order and entered judgment for the sum of $4,456.78.

While the exceptions in this…

2Cases cited6 opinions

  1. Taylor v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1908
  2. Earle v. OwingsSupreme Court of South Carolina · 1905
  3. Ellis & Co. v. CarrollSupreme Court of South Carolina · 1904
  4. Wilson v. Virginia-Carolina Chemical Co.Supreme Court of South Carolina · 1907
  5. Willcox v. PriesterSupreme Court of South Carolina · 1904

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