Williams v. Tolbert
Supreme Court of South Carolina
Before Prince, J., Abbeville, February Term, 1906. Action by R. W. Williams against R. R. Tolbert and Thos. W. Miller. From judgment for plaintiff, defendants appeal, on the following exceptions: “I. Because his Honor erred in charging the jury in the following words: T charge you this if you find the allegations of Mr. Tolbert’s answer are true, that he did warn his co-defendant who he appointed agent to seize the mule if he did tell him not to take the mule unless he could…
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Before Prince, J., Abbeville, February Term, 1906. Action by R. W. Williams against R. R. Tolbert and Thos. W. Miller. From judgment for plaintiff, defendants appeal, on the following exceptions: “I. Because his Honor erred in charging the jury in the following words: T charge you this if you find the allegations of Mr. Tolbert’s answer are true, that he did warn his co-defendant who he appointed agent to seize the mule if he did tell him not to take the mule unless he could get peaceable possession, and not use any force in acquiring possession that will not relieve Mr. Tolbert,’ the errors…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
The complaint alleges, that the defendant, Miller, came to his house while acting as the agent of the defendant, Tolbert, 'and did break and enter his stables, and take therefrom a mule; and that he likewise broke or removed the lock to the door of the stables.
The action is for damages, and is based upon the allegation, that the defendants wrongfully, wilfully and maliciously invaded his rights in the manner aforesaid. The defendants denied these allegations, and set up the following- defense: “That having a past due mortgage upon the…
2Cases cited2 opinions
- Rucker v. SmokeSupreme Court of South Carolina · 1892
- Hutchison v. Rock Hill Real Estate & Loan Co.Supreme Court of South Carolina · 1902
3Cited by24 opinions
- Mishoe v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1938
- Jennings v. McCowanSupreme Court of South Carolina · 1949
- Hypes v. Southern RailwaySupreme Court of South Carolina · 1909
- Southwestern Telegraph & Telephone Co. v. LongCourt of Appeals of Texas · 1915
- Crumley v. Sovereign Camp W. O. W.Supreme Court of South Carolina · 1915
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