Boyd v. Brent
This text of 5 S.C.L. 241 (Boyd v. Brent) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
In legal strictness, the defendant ought to have demurred to the declaration ; but the question now is, whether we shall set aside the nonsuit and grant a new trial; and in deciding this question, if'we see that no good purpose can be answered by setting the nonsuit aside, we ought to exercise a sound discretion and not grant the motion. The words charged are not actionable; and if the plaintiff should even obtain a verdjct, the judgment would be arrested. 1 Com. Dig. 179, 255, 256. 4 Co. 20. 7 Co. 44. 2 Inst. 492. 6 Com. Dig. 131. 2 T. R. 483. 2 Inst. 478. 1 Com. Dig. 274, 276. I will not say what my opinion would be, if I had the power to make the law. As my duty is confined to declaring what the law is, I must say that the nonsuit ought not to be set aside.
Free access — add to your briefcase to read the full text and ask questions with AI
Cite This Page — Counsel Stack
5 S.C.L. 241, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boyd-v-brent-sc-1812.