Levy v. Roberts
This text of 12 S.C.L. 395 (Levy v. Roberts) 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
The defendant, paying money over to the sheriff, on an execution, cannot be considered as paying it voluntarily ; and if improperly paid, the sheriff, upon a rule may be ordered to pay it back.
Where the plaintiff’s demand has been reduced by actual payments, to a sum within the Summary Process jurisdiction, he must proceed by way of Summary Process for the balance ; and if he bring his action for the Vkhole, he can recover only the costs of a Summary Process. But it is otherwise where there are mutual demands, and the plaintiff's debt is reduced by discount; because he may not know the amount of the defendant’s demand; neither can he know that he will avail himself of such defence.
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Cite This Page — Counsel Stack
12 S.C.L. 395, Counsel Stack Legal Research, https://law.counselstack.com/opinion/levy-v-roberts-sc-1821.