Denny v. Doe
Supreme Court of South Carolina
Before Whaley, ]., County Court, Richland, December, 1920. Action by D. A. Denny against John Doe and one Studebaker automobile, claimed by George Morgan.
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Before Whaley, ]., County Court, Richland, December, 1920. Action by D. A. Denny against John Doe and one Studebaker automobile, claimed by George Morgan. From judgment for plaintiff the defendant appeals. cite: Plaintiff should have put injured automobile in evidence in chief and defendant should have had opportunity to reply: 110 S. C. 116. Charge as to law of the road was on the facts, and erroneous statement of the law: 115 S. C. 547; 106 §. E. 682. cite: Defendant had no right to reply to testimony as to condition of car, not having admitted the allegations, and set up an affirmative…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice Gary.
The record contains this statement:
“This action was commenced by E. A. Denny against a certain Studebaker automobile and John Doe, the name of the owner being unknown. It was an action for damages done to the automobile of said E. A. Denny. The action was begun by the service of summons and complaint, in which action the said automobile was duly attached, and was replevied by the defendant by delivery of a bond in the sum of $1,600.”
The allegations of the complaint are as follows:
“(1) That plaintiff is a resident of the county…
2Cases cited2 opinions
- Merchants & Planters Bank v. BrigmanSupreme Court of South Carolina · 1917
- Tate v. BrazierSupreme Court of South Carolina · 1920
3Cited by5 opinions
- Rhodes v. Southern Ry. Co.Supreme Court of South Carolina · 1927
- Limehouse v. SOUTHERN RY. CO.Supreme Court of South Carolina · 1950
- State v. CampbellSupreme Court of South Carolina · 1930
- Smith v. Hertz Rent-A-CarMunicipal Court of The Virgin Islands · 1965
- Limehouse v. SOUTHERN RY. CO.Supreme Court of South Carolina · 1950