Colson v. Brown

Supreme Court of South Carolina

Colson v. Brown

4 S.C.L. 332

Supreme Court of South Carolina·Decided April 15, 1809·Published

Opinion

The COURT.

The plaintiff, to be entitled to recover in this action, must shew that the defendant has been convicted, in a court, according to the act of 1787, of having made his complaint through malice, and without just cause. The conviction cannot be established in a civil action, but by indictment. The five pounds penalty is to be adjudged to the prosecutor, upon conviction. It must be a criminal proceeding. The words, “ conviction,” and “fine,” cannot be applied to a civil action.

Verdict set aside, and nonsuit ordered.

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The COURT.

The plaintiff, to be entitled to recover in this action, must shew that the defendant has been convicted, in a court, according to the act of 1787, of having made his complaint through malice, and without just cause. The conviction cannot be established in a civil action, but by indictment. The five pounds penalty is to be adjudged to the prosecutor, upon conviction. It must be a criminal proceeding. The words, “ conviction,” and “fine,” cannot be applied to a civil action.

Verdict set aside, and nonsuit ordered.

Colson v. Brown, 4 S.C.L. 332 (S.C. 1809).

Pincite

4 S.C.L. 332 (Colson v. Brown) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.