Legal Opinion

Parish v. Smith

Supreme Court of South Carolina

Decided June 20, 1903PublishedCited by 9 opinions

Action by C. G. Parish against S. S. Smith, A. L. Thomson and Louis Roth. From judgment for plaintiff, defendants appeal. cites: If bond was signed under belief that sheriff had all property described in the complaint, it zvas mistake, and should be relieved against: 2 Bail., 623; 20 S. C., 331; 44 S. C., 41. Verdict zmll not support entry of judgment for an amount of money: Code, 299; 18 S. C., 386; 30 S. C., 326 ; 19 S. C., 492; Code, 286; 19 S. C., 507. As to when a…

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Action by C. G. Parish against S. S. Smith, A. L. Thomson and Louis Roth. From judgment for plaintiff, defendants appeal. cites: If bond was signed under belief that sheriff had all property described in the complaint, it zvas mistake, and should be relieved against: 2 Bail., 623; 20 S. C., 331; 44 S. C., 41. Verdict zmll not support entry of judgment for an amount of money: Code, 299; 18 S. C., 386; 30 S. C., 326 ; 19 S. C., 492; Code, 286; 19 S. C., 507. As to when a judgment is void: 24 S. C., 404; 8 S. C., 258; 1 Hill, 302; Frem. on Judgts., 2 ed., secs. 116, 117; 32 S. C., 186; 5 Strob.,…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gary.

Statement of facts. — This is an action against the sureties upon an undertaking'in claim and delivery proceedings. The following statement is set out in the record:

“C. G. Parish, respondent in this appeal, brought his action in claim and delivery against R. J. Smith, on the 28th day of November, 1898, for the recovery of the personal property described in the complaint in that action. . The plaintiff gave his undertaking, and the sheriff took possession of so much of said property as he could find. The defendant, R. J. Smith,…

2Cited by9 opinions

  1. Wilkins v. WillimonSupreme Court of South Carolina · 1924
  2. Bolt v. MilaneSupreme Court of South Carolina · 1918
  3. Larson v. HansonNorth Dakota Supreme Court · 1911
  4. Moore v. SandersSupreme Court of South Carolina · 1920
  5. Whisenhunt v. SandelSupreme Court of South Carolina · 1935

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