Degraffinreid v. Mitchell

Supreme Court of South Carolina

Degraffinreid v. Mitchell

16 S.C.L. 437

DecidedNovember 15, 1824

StatusPublished

This text of 16 S.C.L. 437 (Degraffinreid v. Mitchell) 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.

Bluebook

Degraffinreid v. Mitchell, 16 S.C.L. 437 (S.C. 1824).

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Opinion

The opinion of the court was delivered by

Mr. Jusfim Huger.

'The day when the injury complained of was done, provided it was .done ’.before action brought, is not material, unless •made so by the pleadings. In this-ease, the issue made,involveiI -only the right,of property, and the day laid in .the declaration, as well as that proved, was anterior to the ¡commencement of the -action. Chitty's Pleadings, 258, 394, 304; 10th Johnson, 418, 7th Johnson, 321. The motion must therefore be granted.

■Colcoclc, Gantt, and Johnson, Justices, concurred.

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The opinion of the court was delivered by

Mr. Jusfim Huger.

'The day when the injury complained of was done, provided it was .done ’.before action brought, is not material, unless •made so by the pleadings. In this-ease, the issue made,involveiI -only the right,of property, and the day laid in .the declaration, as well as that proved, was anterior to the ¡commencement of the -action. Chitty's Pleadings, 258, 394, 304; 10th Johnson, 418, 7th Johnson, 321. The motion must therefore be granted.

■Colcoclc, Gantt, and Johnson, Justices, concurred.

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Bluebook (online)

16 S.C.L. 437, Counsel Stack Legal Research, https://law.counselstack.com/opinion/degraffinreid-v-mitchell-sc-1824.