Legal Opinion

Whitcomb v. Manderville

Supreme Court of South Carolina

Decided February 23, 1912No. 8100PublishedCited by 6 opinions

Before, Copes, J., Kershaw, March, 1911. Action by Alice V. Whitcomb against Edward E. Man-derville. Plaintiff appeals. cite: Action will lie. on a judgment by decree in equity: 2 Black on Judg., sec. 869; 16 How. 65; 12 Pet. 458; 2 How. 43; 3 How. 413; 16 Ho.w- 65; 24 How. 195; 111 U. S. 389. Decree in Nebraska was final judgment: 1 Black on Judg., sec. 41; Ereem. on Judg., sec. 12; 21 S. C. 259. Presumption is in .favor of correct performance of official duty: Thomp. on…

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Before, Copes, J., Kershaw, March, 1911. Action by Alice V. Whitcomb against Edward E. Man-derville. Plaintiff appeals. cite: Action will lie. on a judgment by decree in equity: 2 Black on Judg., sec. 869; 16 How. 65; 12 Pet. 458; 2 How. 43; 3 How. 413; 16 Ho.w- 65; 24 How. 195; 111 U. S. 389. Decree in Nebraska was final judgment: 1 Black on Judg., sec. 41; Ereem. on Judg., sec. 12; 21 S. C. 259. Presumption is in .favor of correct performance of official duty: Thomp. on Pub. Off., sec. 559; 5 Rich. 536; 55 S. C.-504; 01 S. C. 245; 45 S. C. 323; 45 S. C. 337. Presumption of payment and…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Watts.

This action was commenced in the Court of Common Pleas, for Kershaw county, in July, 1909, and after issue joined by consent, the case came on for a hearing before his Honor, Judge Copes, presiding Judge, without a jury in Columbia upon the pleadings and testimony. The action was on a judgment, rendered by the District Court of Lancaster county, in the State of Nebraska. The plaintiff alleges in her complaint that an action was commenced, in the District Court of Lancaster, on July 30, 1884, by Thomas J. Whitcomb against E. R. Deyo…

2Cited by6 opinions

  1. Kirton v. HowardSupreme Court of South Carolina · 1926
  2. Commissioner of Internal Revenue v. OwensCourt of Appeals for the Tenth Circuit · 1935
  3. Howell v. LittlefieldSupreme Court of South Carolina · 1947
  4. Brown v. Allstate InsuranceCourt of Appeals of South Carolina · 1999
  5. Cunningham v. Columbia, Newberry & Laurens RailroadSupreme Court of South Carolina · 1914

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