Madden v. Madden

Supreme Court of South Carolina

Madden v. Madden

9 S.C.L. 350

DecidedMay 15, 1818

StatusPublished

This text of 9 S.C.L. 350 (Madden v. Madden) 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

Madden v. Madden, 9 S.C.L. 350 (S.C. 1818).

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Opinion

The opinion of the Court was delivered by

Mr. Justice Grimke.

I am of opinion, that the decision was incorrect; for after a debt is once barred by the statute, it is extinct, unless taken out of it by some act or acknowledgment of the debtor; and that the defendant could not succeed in any action he might have brought on it, without such act or acknowledgment; but none such was here proved. A new trial must, therefore, be granted, unless the defendant release that part of the verdict which gives him the forty-nine dollars as his discount.

Colcoclc, Mott, Cheves, Gantt, and Johnson, X concurred.

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The opinion of the Court was delivered by

Mr. Justice Grimke.

I am of opinion, that the decision was incorrect; for after a debt is once barred by the statute, it is extinct, unless taken out of it by some act or acknowledgment of the debtor; and that the defendant could not succeed in any action he might have brought on it, without such act or acknowledgment; but none such was here proved. A new trial must, therefore, be granted, unless the defendant release that part of the verdict which gives him the forty-nine dollars as his discount.

Colcoclc, Mott, Cheves, Gantt, and Johnson, X concurred.

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Bluebook (online)

9 S.C.L. 350, Counsel Stack Legal Research, https://law.counselstack.com/opinion/madden-v-madden-sc-1818.