Legal Opinion

Posey v. Underwood

Court of Appeals of South Carolina

Decided May 15, 1833Published

Tried before Mr. Justice Gantt, at Spartanburg!/.. Spring Term, 1833.

1Opinion of the CourtO’Neall, J.

The judgment by confession in this case, was taken the regular course of judicial proceedings and not under the act of 1820; it is alledged by Ralph Smith, is an attaching creditor of the defendant, to be His affidavit charges the fraud distinct- ; and in addition to it, he relies on the evidence of debt, accompanying the confession, which is an account manifestly made up from memory, and not from original entries, and a due bill for the amount of the account, bearing even date with the confession; and also on the further fact, that the defendant is the son-in-law *263of the plaintiff. On this…

2Cases cited3 opinions

  1. Frasier v. FrasierNew York Supreme Court · 1812
  2. King v. ShawNew York Supreme Court · 1808
  3. Rogers v. TiftNew York Supreme Court · 1820

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