M'Daniel v. Scoggins

Supreme Court of South Carolina

M'Daniel v. Scoggins

9 S.C.L. 227

Supreme Court of South Carolina·Decided May 15, 1818·Published

Opinion

The opinion of the Court was delivered by

Mr. Justice Gantt.

As the law requires that the plaintiff, in a proceeding of this kind, shall distinctly state the circumstances of his case, and as no mention was made therein of this second promise, I am clearly of opinion that no evidence of such promise ought to have been permitted to go to the Jury.

A new trial should be had in the case.

GrimM, Bay, Johnson, and Cheves, J. concurred.

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The opinion of the Court was delivered by

Mr. Justice Gantt.

As the law requires that the plaintiff, in a proceeding of this kind, shall distinctly state the circumstances of his case, and as no mention was made therein of this second promise, I am clearly of opinion that no evidence of such promise ought to have been permitted to go to the Jury.

A new trial should be had in the case.

GrimM, Bay, Johnson, and Cheves, J. concurred.

M'Daniel v. Scoggins, 9 S.C.L. 227 (S.C. 1818).

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9 S.C.L. 227 (M'Daniel v. Scoggins) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.