Legal Opinion

Peeples v. Werner & Co.

Supreme Court of South Carolina

Decided March 1, 1898PublishedCited by 13 opinions

Before Witherspoon, J., Charleston, April, 1897. Action by J. W. Peeples against John T. Werner & Co. for value of cotton sold by them over which plaintiff claimed an agricultural lien. Judgment for plaintiff.

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Before Witherspoon, J., Charleston, April, 1897. Action by J. W. Peeples against John T. Werner & Co. for value of cotton sold by them over which plaintiff claimed an agricultural lien. Judgment for plaintiff. Defendants appeal. cite: Cir-cidt Judge may grant new trial on after-discovered testimony: 14 S. C., 428; 16 S. C., 116; 33 S. C., 401. cites: Complaint states cause of action: 35 S. C., 190. Exception too general: 24 S. C., 280, 597. Refusal to grant new trial not appealable: 14 S. C., 430; 15 S. C., 547; 33 S. C., 404; 39 S. C., 416; 31 S. C., 138, 443. Evidence discovered would not…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Pope.

This action was commenced in the Court of Common Pleas for Charleston County, in this State, by the service of summons and complaint, on 21st day of May, 1894. It was tried before Judge Witherspoon and a jury at the February, 1897, term, and a verdict having been rendered in favor of the plaintiff, judgment was duly entered up. The defendants now appeal.

1 The first alleged error on the part of the trial Judge is in overruling the oral demurrer interposed by the defendants, that the complaint did not state facts sufficient to constitute…

2Cited by13 opinions

  1. Carianni v. SchwenkerNew Jersey Superior Court Appellate Division · 1955
  2. Cty. of Gloucester v. Pub. Emp. Rel. Comm.New Jersey Superior Court Appellate Division · 1969
  3. State v. JonesSupreme Court of South Carolina · 1911
  4. State v. BradfordSupreme Court of South Carolina · 1911
  5. State v. BethuneSupreme Court of South Carolina · 1912

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