Legal Opinion

McCall v. Alexander

Supreme Court of South Carolina

Decided July 28, 1908No. 6982PublishedCited by 6 opinions

Before Hydrick, J., Oconee, March, 1908. Action by C. H. McCall against T. E. Alexander. From order sustaining demurrer to complaint, plaintiff appeals. Mr. Barle cites: 3 Hill, 499; 35 S. C., 344. cites: Crim. Code, 337; 33 Cyc., 336, 344; 3 N. & McC., 365.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gary.

This is an action for malicious prosecution, and the appeal is from an order sustaining a demurrer to the complaint, on the ground that it does not state facts sufficient to constitute a cause of action, in that it does not allege that the warrant under which the plaintiff was arrested contained the statement that the property was sold without the written consent of the lienee.

The allegations of the complaint are as follows:

1. “That on the 9th day of July, 1906, the defendant, T. E. Alexander, applied for and obtained from A. P. Crisp,…

2Cases cited2 opinions

  1. McConnell v. KennedySupreme Court of South Carolina · 1888
  2. State v. WilliamsSupreme Court of South Carolina · 1892

3Cited by6 opinions

  1. Elletson v. Dixie Home StoresSupreme Court of South Carolina · 1957
  2. William P. Doyle and Crystal Gibson Doyle v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1961
  3. Jackson v. FrierSupreme Court of South Carolina · 1928
  4. Duffie v. EdwardsSupreme Court of South Carolina · 1937
  5. State v. RossSupreme Court of South Carolina · 1909

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