Trimmier v. Thomson
Supreme Court of South Carolina
Before NORTHROP, J., at Spartanburg, March, 1877. This was an action by F. M. Trimmier as administrator with the will annexed of Peyton Simmons, deceased, against T. O. P. Vernon; and also against H. H. Thomson and J. S. R. Thomson, as surviving executors of' H. H. Thomson, deceased.
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Before NORTHROP, J., at Spartanburg, March, 1877. This was an action by F. M. Trimmier as administrator with the will annexed of Peyton Simmons, deceased, against T. O. P. Vernon; and also against H. H. Thomson and J. S. R. Thomson, as surviving executors of' H. H. Thomson, deceased. To understand the opinion of the Court, it is necessary to publish the brief, as agreed upon by counsel, and which is as follows: An action was commenced in the Court of Common Pleas on the 9th of June, 1874, by F. M. Trimmier, administrator with the will annexed of Peyton Simmons, deceased, against T. O. P.…
1Opinion of the Court
The opinion of the Court was delivered by
Haskell, A. J.
The action is upon a joint and several sealed instrument for the payment of an annuity to Peyton Simmons by T. O. P. Vernon and H. H. Thomson. The plaintiff is the administrator of the goods and effects of the obligee. The defendants are one of the original obligors and the surviving executors of the other. The latter and the plaintiff both appeal.. The exceptions which constitute the grounds of appeal are numerous, but may be to some extent classified, and will be considered in the order of the questions to which they respectively…
2Cases cited3 opinions
- Henderson v. MooreSupreme Court of the United States · 1809
- In re the Judicial Settlement of the Account of WhitingNew York Surrogate's Court · 1900
- Churchill v. TrappNew York Supreme Court · 1856
3Cited by1 opinion
- Small v. FrickDistrict Court, E.D. South Carolina · 1941