Fowler v. Henry

Court of Appeals of South Carolina

Fowler v. Henry

18 S.C.L. 54

DecidedDecember 15, 1830

StatusPublished

This text of 18 S.C.L. 54 (Fowler v. Henry) 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

Fowler v. Henry, 18 S.C.L. 54 (S.C. Ct. App. 1830).

Pincite

Opinion

Johnson J.

delivered the opinion of the Court.

The Court concurs in the views expressed by Mr. Justice Evans. There is no question that if a judgment be confessed or suffered in pursuance of an original corrupt and usurious agreement, that the borrower should so confess or' suffer it, it would be void under the statute: but it is equally clear that [55]*55if the defendant had an opportunity according to the ordinary forms of law to malte his defence, and neglected to avail himself of it, that he is forever concluded, and such seems to have been the case here. The motion is therefore dismissed.

Motion refused.

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Johnson J.

delivered the opinion of the Court.

The Court concurs in the views expressed by Mr. Justice Evans. There is no question that if a judgment be confessed or suffered in pursuance of an original corrupt and usurious agreement, that the borrower should so confess or' suffer it, it would be void under the statute: but it is equally clear that [55]*55if the defendant had an opportunity according to the ordinary forms of law to malte his defence, and neglected to avail himself of it, that he is forever concluded, and such seems to have been the case here. The motion is therefore dismissed.

Motion refused.

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Bluebook (online)

18 S.C.L. 54, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fowler-v-henry-scctapp-1830.