McAulay v. McAulay
Supreme Court of South Carolina
Before MemmingI;r, J., Abbeville, Action by Ressa G. McAulay against Minna M. McAulay, in her own right and as executrix. Plaintiff appeals. cites: Case not within statute of frauds: 3 Dess. Eq. 514; 57 S. C. 576; 36 S. E. 780. Defendant is estopped from setting up the defenses interposed: 9 A. & E. Ann.
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Before MemmingI;r, J., Abbeville, Action by Ressa G. McAulay against Minna M. McAulay, in her own right and as executrix. Plaintiff appeals. cites: Case not within statute of frauds: 3 Dess. Eq. 514; 57 S. C. 576; 36 S. E. 780. Defendant is estopped from setting up the defenses interposed: 9 A. & E. Ann. Cas. 953; 21 S. E. 755; 48 S. C. 267; 50 S. C. 459; 57 S. C. 125; 100 U. S. 578; 16 Cyc. 722. cite: Promise to provide was not a consideration of the marriage: 22 S. C. 473; 25 At. 877; 22 S. W. 557. Previous offer of marriage having been refused, plaintiff must rely on what occurred just…
1Opinion
When this case was heard by the Supreme Court, it was composed of five members — Mr. Justice Woods being one of them — but the opinion was not filed until he had resigned, for the purpose of accepting the office of United States Circuit Judge.
The decision was rendered by an evenly divided Court.
The appellant's attorney, filed a petition for a rehearing on several grounds, the first of which is, that the Court was without power to render the decision, for the reason that it was then composed only of four members.
The following sections in the Constitution of 1895, together with the…
2Cases cited4 opinions
- City of Florence v. BerrySupreme Court of South Carolina · 1902
- Hutchinson v. TurnerSupreme Court of South Carolina · 1911
- Delk v. ZornSupreme Court of South Carolina · 1897
- Williams v. BenetSupreme Court of South Carolina · 1892