Kimbrell v. Berry
Supreme Court of South Carolina
Before SEASE, J., Spartanburg, May, 1909. Petition by John Berry in re A. S. Kimbrell against John Berry. From circuit order refusing petition, petitioner appeals. cite: This judgment is included in the term “debt” in Constitution: 36- Fed., 726; 115 Mass., 52; 6 Cal., 239; 57 Ga., 407; 65 Ga., 240; 17 Wis., 395; 46 Mich., 459; 38 Fed. R., 144; 5 S. C., 340; 28 S. C., 53; 13 Cyc., 399; 106 Ala., 335.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
A. S. Kimbrell instituted an action against John Berry to recover damages for assault and battery. The clerk issued an order for the arrest of Berry under subdivision 6, section 200 of Code of Procedure. After his arrest, the defendant was released on giving the undertaking required by section 208 of Code of Procedure. The plaintiff Kimbrell recovered judgment in the action for one hundred and twenty-seven dollars and sixty-six cents; and an execution issued against the property of Berry Avas returned nulla bona. The plaintiff then…
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- Blackmon v. KirvenSupreme Court of South Carolina · 1934
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