Legal Opinion

McConnell v. Kennedy

Supreme Court of South Carolina

Decided July 13, 1888PublishedCited by 22 opinions

Before Hudson, J., Williamsburg, This was an appeal from an order of non-suit, which was as follows: It is conceded by counsel on both sides, in their argument of this matter, that this is an action for false imprisonment. It is conceded that a warrant was issued by trial justice Hammett on 16th day of February, 1886, upon an affidavit sworn out by the present defendant, W. H. Kennedy.

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Before Hudson, J., Williamsburg, This was an appeal from an order of non-suit, which was as follows: It is conceded by counsel on both sides, in their argument of this matter, that this is an action for false imprisonment. It is conceded that a warrant was issued by trial justice Hammett on 16th day of February, 1886, upon an affidavit sworn out by the present defendant, W. H. Kennedy. The position taken by counsel for defendant is, that a warrant was issued upon the regular form of affidavit, and that the affidavit given by the defendant contains the charge fully and substantially set forth.…

1Opinion of the Court

The opinion of the court was delivered by

Mr. Justice McIver.

The plaintiff in his complaint, which is styled a “complaint for false imprisonment,” alleges substantially : 1st. That the defendant maliciously, and with intent to injure the plaintiff, caused and procured the arrest and imprisonment of the plaintiff “without reasonable cause and without any right or authority.” 2nd. That while plaintiff was so unlawfully imprisoned, he was compelled, in order to secure his release, to execute a deed to defendant, covenanting not to bring any action against defendant on account of said false…

2Cited by22 opinions

  1. Bushardt v. United Investment Co.Supreme Court of South Carolina · 1922
  2. Barfield v. Coker & Co.Supreme Court of South Carolina · 1906
  3. Bell v. MackeySupreme Court of South Carolina · 1939
  4. The First National Bank of South Carolina of Columbia v. Glens Falls Insurance CompanyCourt of Appeals for the First Circuit · 1962
  5. City of Charleston v. MitchellSupreme Court of South Carolina · 1961

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