Burris v. Austin
Supreme Court of South Carolina
Before C. C. Featherstone, Special J., Greenville. Action by R. A. Burris against Willis V. Austin and the United States Fidelity and Guaranty Co. From judgment for plaintiff, defendants appeal. cite: Mortgage having been indexed as plaintiff requested, he cannot complain: 23 Ency., 379. McChem on Public Officers, secs. 680, 705; 95 Am.
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Before C. C. Featherstone, Special J., Greenville. Action by R. A. Burris against Willis V. Austin and the United States Fidelity and Guaranty Co. From judgment for plaintiff, defendants appeal. cite: Mortgage having been indexed as plaintiff requested, he cannot complain: 23 Ency., 379. McChem on Public Officers, secs. 680, 705; 95 Am. Dec., 175. Measure of damages: 30 S. C., 342. cites: It is unnecessary for plaintiff to shozv negligence in register: Code, 1902, 950; 83 S. C., 537, 557. Defense of contributory negligence is not applicable in this case: McChem on Pub. Of., secs., 734, 736;…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
This is an action for damages upon the official bond of the defendant, W. V. Austin, formerly register of mesne conveyances for Greenville county, and the defendant, the United States Fidelity and Guaranty company, as surety on said bond, for alleged negligence on the part of said register in failing to record a chattel mortgage for a larger sum than one hundred dollars in the manner provided by law.
The defendants denied the allegations of the complaint, and set up the defense of contributory negligence.
On the 15th of July, 1904, C. L.…
2Cited by2 opinions
- Manufacturing Co. v. . HesterSupreme Court of North Carolina · 1919
- Hobart Mfg. Co. v. KlostermanOhio Court of Appeals · 1938