Caldwell v. Giles

Court of Appeals of South Carolina

Caldwell v. Giles

11 S.C. Eq. 548

DecidedFebruary 15, 1837

StatusPublished

This text of 11 S.C. Eq. 548 (Caldwell v. Giles) is published on Counsel Stack Legal Research, covering Court of Appeals of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Caldwell v. Giles, 11 S.C. Eq. 548 (S.C. Ct. App. 1837).

Pincite

Opinion

Harper, Chancellor.

The Court concur with the Chancellor, that the matters put in issue by the answer are precisely the same as those recorded in the original proceeding, and cannot therefore avail the defendant, by the way of answer to this bill. If it can in any event avail the defendant, it can only be on a bill to set aside the decree for the fraud complained of, and that course of proceeding is the only one recognized by the precedents. Motion dismissed, and the decree of the Circuit Court is affirmed.

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Harper, Chancellor.

The Court concur with the Chancellor, that the matters put in issue by the answer are precisely the same as those recorded in the original proceeding, and cannot therefore avail the defendant, by the way of answer to this bill. If it can in any event avail the defendant, it can only be on a bill to set aside the decree for the fraud complained of, and that course of proceeding is the only one recognized by the precedents. Motion dismissed, and the decree of the Circuit Court is affirmed.

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Bluebook (online)

11 S.C. Eq. 548, Counsel Stack Legal Research, https://law.counselstack.com/opinion/caldwell-v-giles-scctapp-1837.