Hinchy v. Foster

Court of Appeals of South Carolina

Hinchy v. Foster

14 S.C.L. 428

DecidedJanuary 15, 1826

StatusPublished

This text of 14 S.C.L. 428 (Hinchy v. Foster) 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

Hinchy v. Foster, 14 S.C.L. 428 (S.C. Ct. App. 1826).

Pincite

Opinion

IWott, J.

The defendant pleaded a tender on the sixth of March, 1823. The plaintiff replies a writ sued out the first Monday after the fourth Monday in October, preceding, That allegation is not denied by the rejoinder. It must therefore be taken as true, and if true, then the defendant’s [429]*429plea ought nol to1 have been allowed, without shewing that he had tendered or offered to pay the costs also.

Aills, for the motion.. í'í illicms Si Clinton, contra. .

The motion must therefore be granted,

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IWott, J.

The defendant pleaded a tender on the sixth of March, 1823. The plaintiff replies a writ sued out the first Monday after the fourth Monday in October, preceding, That allegation is not denied by the rejoinder. It must therefore be taken as true, and if true, then the defendant’s [429]*429plea ought nol to1 have been allowed, without shewing that he had tendered or offered to pay the costs also.

Aills, for the motion.. í'í illicms Si Clinton, contra. .

The motion must therefore be granted,

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Bluebook (online)

14 S.C.L. 428, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hinchy-v-foster-scctapp-1826.