Magwood v. Milne

Court of Appeals of South Carolina

Magwood v. Milne

46 S.C.L. 474

DecidedJanuary 15, 1860

StatusPublished

This text of 46 S.C.L. 474 (Magwood v. Milne) 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

Magwood v. Milne, 46 S.C.L. 474 (S.C. Ct. App. 1860).

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Opinion

Curia, per O’Neall, C. J.

In this case, unquestionably, the testimony was' slight. Yet the facts that a trespass was committed on the land of the plaintiff by the slaves in cutting wood for rails and boards, that they ran as soon as observed, some going towards the defendant’s place, that cart tracks were also in the same direction, when connected with the defendant’s admission,- that she was willing to pay for trees cut immediately after Mr. Milne’s death, for rails, puncheons and clap-boards, might authorize a conclusion, that the trees were cut by the slaves of the defendant, and by her authority.

This would preclude the granting the motion for nonsuit, [477]*477and especially after the jury have found on those facts for the plaintiff.

It might have been, that the Court would have granted a new trial ;• but as the defendant did not seek it, the Court will not interefere.

The motion is dismissed

Johnston and Waedlaw, JJ., concurred.

Motion dismissed

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Curia, per O’Neall, C. J.

In this case, unquestionably, the testimony was' slight. Yet the facts that a trespass was committed on the land of the plaintiff by the slaves in cutting wood for rails and boards, that they ran as soon as observed, some going towards the defendant’s place, that cart tracks were also in the same direction, when connected with the defendant’s admission,- that she was willing to pay for trees cut immediately after Mr. Milne’s death, for rails, puncheons and clap-boards, might authorize a conclusion, that the trees were cut by the slaves of the defendant, and by her authority.

This would preclude the granting the motion for nonsuit, [477]*477and especially after the jury have found on those facts for the plaintiff.

It might have been, that the Court would have granted a new trial ;• but as the defendant did not seek it, the Court will not interefere.

The motion is dismissed

Johnston and Waedlaw, JJ., concurred.

Motion dismissed

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Bluebook (online)

46 S.C.L. 474, Counsel Stack Legal Research, https://law.counselstack.com/opinion/magwood-v-milne-scctapp-1860.