Sparks v. Green
Supreme Court of South Carolina
Before James P. Izear, Special Judge, Marlboro, November term, 1905. Action by W. A. Sparks against J. B. Green and John R. Townsend. Prom judgment for plaintiff, defendants appeal. cite: Was there a legal tender of the debt due? 2 Bail., 274; 1 N. & McC., 193; 15 Rich, 321. Counterclaim should have been admitted: 69 S. C., 198. cite: Counterclaim not proper: 69 S. C., 198; 15 S. C., 458; 30 S. C., 167; 54 S. C., 400; 45 S. C., 115.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
This case has been tried many times, and it is unfortunate that the litigation should be further prolonged, but a new trial cannot be refused without violating the rules of law and disregarding the rights of the defendants.
The detailed statement of the'history of the litigation was made in the former appeals, 50 S. C., 382, 27 S. E., 801, and 69 S. C., 198, 48 S. E., 61. A very brief statement will make clear the point now before the Court. The defendant, Townsend, held two agricultural liens for the year 1896 on the crop of the…
2Cases cited5 opinions
- Wardlaw v. Troy Oil MillSupreme Court of South Carolina · 1906
- Salinas & Son v. EllisSupreme Court of South Carolina · 1887
- Spears v. FieldsSupreme Court of South Carolina · 1905
- Townsend v. SparksSupreme Court of South Carolina · 1897
- Sparks v. GreenSupreme Court of South Carolina · 1904
3Cited by4 opinions
- Justus v. Universal Credit Co.Supreme Court of South Carolina · 1939
- In Re Carolina Utilities Supply Company, Inc.United States Bankruptcy Court, D. South Carolina · 1990
- National Loan & Exchange Bank v. TolbertSupreme Court of South Carolina · 1924
- Reynolds v. PriceSupreme Court of South Carolina · 1911