Perry v. Walker

Supreme Court of South Carolina

Perry v. Walker

3 S.C.L. 103

DecidedNovember 15, 1802

StatusPublished

This text of 3 S.C.L. 103 (Perry v. Walker) 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

Perry v. Walker, 3 S.C.L. 103 (S.C. 1802).

Pincite

Opinion

The judges were of opinion, that the nonsuits ought to be set aside, and new trials granted. They did not conceive it necessary to determine whether a tenant in common may sue jointly with parceners, in such cases as these, or not. Since admitting it to be so, the defendant must plead it m abatement, if the tenant in common brings his action separately. See Runningt. 94. Co. Litt. 197. 3 Bac. Abr. 218. 1 Salk. 392.

Bay, J.,

gave no opinion.

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The judges were of opinion, that the nonsuits ought to be set aside, and new trials granted. They did not conceive it necessary to determine whether a tenant in common may sue jointly with parceners, in such cases as these, or not. Since admitting it to be so, the defendant must plead it m abatement, if the tenant in common brings his action separately. See Runningt. 94. Co. Litt. 197. 3 Bac. Abr. 218. 1 Salk. 392.

Bay, J.,

gave no opinion.

Cite This Page — Counsel Stack

Bluebook (online)

3 S.C.L. 103, Counsel Stack Legal Research, https://law.counselstack.com/opinion/perry-v-walker-sc-1802.