Legal Opinion

Charleston & W. C. Ry. Co. v. Gosnell

Supreme Court of South Carolina

Decided October 14, 1916No. 9543PublishedCited by 7 opinions

Before MemmingER, J., Greenville, October, 1915. Action by the Charleston & Western Carolina Railway Company against Reuben Gosnell, Corning & Co. and others. From a judgment for the first named. defendant, plaintiff and others of the defendants appeal. This is an action of claim and delivery and was commenced on the 14th day of December, 1914, to recover possession of certain liquors described in the complaint, which were seized by the defendant, Reuben Gosnell.

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Before MemmingER, J., Greenville, October, 1915. Action by the Charleston & Western Carolina Railway Company against Reuben Gosnell, Corning & Co. and others. From a judgment for the first named. defendant, plaintiff and others of the defendants appeal. This is an action of claim and delivery and was commenced on the 14th day of December, 1914, to recover possession of certain liquors described in the complaint, which were seized by the defendant, Reuben Gosnell. The complaint contains three causes of action, as the respective consignors and the parties to be notified of the shipments were…

1Opinion of the Court

The Circuit Judge having been called to the aid of the Court:

The opinion of the Court en banc was delivered by

Mr. Chile Justice Gary.

1 There are numerous exceptions, but it will not be necessary to consider them in detail, as the appellant’s attorneys state that the main question raised by them may thus be formulated: '

“Is an ‘order notify’ shipment of liquor, interstate in character, intended by the party to be notified for unlawful use, subject to seizure under the laws of South Carolina, before actual or constructive delivery to the party for whom, upon certain conditions, it is designed ?”

2Cases cited7 opinions

  1. Rhodes v. IowaSupreme Court of the United States · 1898
  2. Heyman v. Southern Railway Co.Supreme Court of the United States · 1906
  3. Kirmeyer v. KansasSupreme Court of the United States · 1915
  4. Adams Express Co. v. KentuckySupreme Court of the United States · 1907
  5. Lanahan v. BaileySupreme Court of South Carolina · 1898

2 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Tennessee Wine and Spirits Retailers Assn. v. ThomasSupreme Court of the United States · 2019
  2. Beard v. South Carolina Tax CommissionSupreme Court of South Carolina · 1956
  3. Bank of Prosperity v. DominickSupreme Court of South Carolina · 1921
  4. Frasher v. CoferSupreme Court of South Carolina · 1968
  5. Johnson v. BroomeSupreme Court of South Carolina · 1935

2 more not listed; retrieve them via the Exa API.

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