Morris v. Palmer
Supreme Court of South Carolina
Before Buchanan, J., Abbeville, March, 1895. This was a proceeding instituted on January 5, 1895, by B. F. Morris, under section 1938 of Revised Statutes, to eject J. F. Palmer from certain lands. The judgment of R. E. Cox, Esq., the trial justice, in favor of the respondent was brought in review before the Circuit Judge under a writ of certiorari.
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Before Buchanan, J., Abbeville, March, 1895. This was a proceeding instituted on January 5, 1895, by B. F. Morris, under section 1938 of Revised Statutes, to eject J. F. Palmer from certain lands. The judgment of R. E. Cox, Esq., the trial justice, in favor of the respondent was brought in review before the Circuit Judge under a writ of certiorari. The trial justice certified to the court the proceedings before him and his judgment, which, after stating the facts, repeated in the opinion of this court, held as follows: The testimony is clear that the defendant went into possession of…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Chief Justice McIver.
In this case the plantiff, on the 27th January, 1895, instituted proceedings under section 1938 of the Revised Statutes of 1893, to eject defendants from *467the possession of certain premises belonging to plaintiff, upon the ground that they were in possession as tenants at will only. The case below turned upon the question as to whether the defendants, or rather, the principal defendant, Palmer (the other defendants being probably his employees), was a tenant at will of plaintiff. Upon hearing the return to the rule to show…
2Cited by2 opinions
- Carolina, C. & O. Ry. v. WorleySupreme Court of South Carolina · 1915
- Ex Parte WingateSupreme Court of South Carolina · 1932