Norris v. Clinkscales
Supreme Court of South Carolina
Before Buchanan, J., Abbeville, January, 1895. In this case Hon. Joseph H. Earle, Judge of the Eighth Circuit, sat in the place of Mr. Justice Gary, who had been of counsel in the case.
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Before Buchanan, J., Abbeville, January, 1895. In this case Hon. Joseph H. Earle, Judge of the Eighth Circuit, sat in the place of Mr. Justice Gary, who had been of counsel in the case. It was an action by Jane Estelle Clink-scales, assignee of T. L. Clinksoales, jr., mortgagee, against A. J. Clinksoales and T. L. Clinksoales, jr., to recover the chattels described in a mortgage given by J. P. Clinksoales to T. L. Clinksoales, jr., and by him assigned to plaintiff, the possession of these chattels having been afterwards taken possession of by the defendant. The answer alleged the death of J.…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Justice Earle.
This is an action of claim and delivery of personal property. At the conclusion of the testimony for the plaintiff, his honor, the Circuit Judge, granted an order of nonsuit. The appellant appeals to this court from said order upon the following exceptions: 1. Because it was error to hold that the testimony offered by the plaintiff failed to make out a case up to the time the plaintiff called A. J. Clinkscales, one of the defendants, as a witness, and in holding that, upon that testimony, the court would be compelled to grant a…
2Cited by1 opinion
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