Maybin v. Virgin

Court of Appeals of South Carolina

Maybin v. Virgin

19 S.C.L. 420

DecidedDecember 15, 1833

StatusPublished

This text of 19 S.C.L. 420 (Maybin v. Virgin) 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

Maybin v. Virgin, 19 S.C.L. 420 (S.C. Ct. App. 1833).

Pincite

Opinion

Johnson, J.

delivered the opinion of the court.

There is no law which requires a magistrate to make a record of his judgments; and I learn from Mr. Rauls, the messenger of the court, an old and intelligent magis-irate of the district, that magistrates do not generally keep such memorials of their proceedings, and when they do, they can only be considered as private me-moranda. The execution on the contrary, is an official act, constituting the highest evidence of the facts stated in it, and ought to have been received in evidence.

The nonsuit is therefore set aside, and a new trial granted.

Harper, J. concurred.

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Johnson, J.

delivered the opinion of the court.

There is no law which requires a magistrate to make a record of his judgments; and I learn from Mr. Rauls, the messenger of the court, an old and intelligent magis-irate of the district, that magistrates do not generally keep such memorials of their proceedings, and when they do, they can only be considered as private me-moranda. The execution on the contrary, is an official act, constituting the highest evidence of the facts stated in it, and ought to have been received in evidence.

The nonsuit is therefore set aside, and a new trial granted.

Harper, J. concurred.

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Bluebook (online)

19 S.C.L. 420, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maybin-v-virgin-scctapp-1833.