Legal Opinion

Otis v. Cooper

Supreme Court of South Carolina

Decided June 30, 1921No. 10628Published

Before Whaley, J., County. Court, Richland, November, 1920. Action by J. C. Otis against N. B. Cooper, with attachment. Claim of the Maryland Motor Car Insurance Co. to ownership of the car was denied and it appeals.

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Before Whaley, J., County. Court, Richland, November, 1920. Action by J. C. Otis against N. B. Cooper, with attachment. Claim of the Maryland Motor Car Insurance Co. to ownership of the car was denied and it appeals. Appellant’s Exceptions were as follows: 1. That the right to a lien on a motor vehicle under the Act of 1912 rests upon the negligent and reckless conduct of the owner, or his agents, employees or other person occupying a similar relation, and disconnected therewith, no lien'is acquired, and such is the theory upon which this action is based, and the Court below erred in holding…

1Opinion of the Court

The opinion of. the Court was delivered by

Mr. ChiEE Justice Gary.

The "following statement appears in the record:

“James C. Otis commenced his action in the County Court of Richland County, against N. B. Cooper by the service of a summons dated October 18, 1920, together with a complaint, alleging that on June 20, 1920, he suffered damages by reason of the negligence of defendant in the operation of an automobile on the public highway in Richland County. The summons and complaint were filed October 20, 1920, together with an affidavit in attachment, whereupon a warrant of attachment issued…

2Cases cited3 opinions

  1. J. W. Goldsmith, Jr.-Grant Co. v. United StatesSupreme Court of the United States · 1921
  2. Merchants & Planters Bank v. BrigmanSupreme Court of South Carolina · 1917
  3. Stewart v. CollierSupreme Court of South Carolina · 1919

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