Mullaly v. Smyth
Supreme Court of South Carolina
Before Shipp, J., Anderson, Action by J. B. Adger Mullaly against Ellison A. Smyth and Jno. B. Adger, exors. of Susan B. Adger, et al.
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Before Shipp, J., Anderson, Action by J. B. Adger Mullaly against Ellison A. Smyth and Jno. B. Adger, exors. of Susan B. Adger, et al. Plaintiff appeals. cites: Did the Court .err in instructing as to clear preponderance of the evidence: 17 Cyc. 755; 6 So. 465; 53 S. W. 1081; 57 N. W. 836; 84 N. W. 705; 22 S. C. 454; 77 S. C. 511; 91 S. C. 7; 31 S. C. 605; 33 S. C. 595; 36 Cyc. 689; 4 Wigmore on Ev., ■sec. 3498; 71 S. W. 143, 197; 65 S. C. 486; 61 S. C. 468; 94 N. C. 1; 93 S. C. 305. Grounds for new trial should be set out in “case64 S. C. 311; 78 S. C. 505; 85 S. C. 94.
1Opinion of the Court
The opinion of the Court was deliv•ered by
Mr. Justice Watts.
This was an action for specific performance of a contract. The plaintiff alleged in his complaint that his aunt had promised to will and devise all of her property to him, provided he lived with her, and managed her property during her lifetime, and that she endeavored to carry out her agreement by making a codicil, but that the codicil was not legally executed, and she died without carrying out her agreement, although plaintiff performed his part of the agreement. Defendants, by answer, denied the material allegations of the…
2Cases cited7 opinions
- McMillan v. McMillanSupreme Court of South Carolina · 1907
- Lorick & Lowrance v. CaldwellSupreme Court of South Carolina · 1910
- Lawson v. Southern RailwaySupreme Court of South Carolina · 1912
- Sullivan v. MooreSupreme Court of South Carolina · 1912
- Glover v. Western Union Tel. Co.Supreme Court of South Carolina · 1907
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Stackhouse v. Pure Oil Co.Supreme Court of South Carolina · 1935