Croxton v. Addison
This text of 16 S.C.L. 72 (Croxton v. Addison) 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 this case the declaration claimed four hundred and seventy-six dollars fifty-seven and three quarter cents, and the verdict was for nine hundred and one dollars. In such case, judgment cannot be entered up for tlie verdict, and a venire facias de novo must be ordered, unless the plaintiff remit the excess beyond the sum claimed in the declaration. But as it appeared that the defendant had a discount, to a large amount, which he was obliged to withdraw on account of the absence of his witness, and therefore the plaintiff could not with safety-enter a remittitur, and a new trial was ordered with leave to the plaintiff to amend his declaration, and to the defendant to plead his discount. Mooney, vs. Welsh, 1 Con. Rep. 133; Brown, et. al. vs. Gibson, 1 Nott M'Cord, 326; Givens, vs. Porteaus, 1 M'Cord, 379.
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Cite This Page — Counsel Stack
16 S.C.L. 72, Counsel Stack Legal Research, https://law.counselstack.com/opinion/croxton-v-addison-sc-1823.