Legal Opinion

Gibbes v. Elliott

Supreme Court of South Carolina

Decided July 12, 1876Published

Before REED, J., at CharlestoN, November, 1875. This was an action by Edmund A. Gibbes against Juliet G. Elliott to recover the value of a set of diamond jewelry, alleged in the complaint ttí belong to the plaintiff and to have been converted by the defendant to her own use and to be of the value of $10,000. The answer denied each and every allegation of the complaint. The case was referred to a Referee, by consent, to take testimony.

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Before REED, J., at CharlestoN, November, 1875. This was an action by Edmund A. Gibbes against Juliet G. Elliott to recover the value of a set of diamond jewelry, alleged in the complaint ttí belong to the plaintiff and to have been converted by the defendant to her own use and to be of the value of $10,000. The answer denied each and every allegation of the complaint. The case was referred to a Referee, by consent, to take testimony. It was tried-at May Term, 1875, before the Circuit Judge and a jury, upon the testimony of A. H. Hayden, a jeweler, taken by consent of counsel. He testified…

1Opinion of the Court

The opinion of the Court was delivered by •

Willard, A. J.

A motion was made before the Circuit Court to set aside a judgment and verdict on the grounds of mistake, inadvertence, surprise and excusable neglect, which was denied by the Court, and, on appeal, is brought to this Court.

Defendant alleges that a mistake was made as to the value of diamond jewelry in controversy, and that a verdict was allowed to be taken by consent for a sum supposed to represent the value of the property, and which has since been discovered to be greatly in excess of its true value. It is alleged that the verdict is…

2Cases cited1 opinion

  1. Scoville v. . LandonNew York Court of Appeals · 1872

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