Smith v. Parker

Court of Appeals of South Carolina

Smith v. Parker

47 S.C.L. 246

DecidedDecember 15, 1861

StatusPublished

This text of 47 S.C.L. 246 (Smith v. Parker) 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

Smith v. Parker, 47 S.C.L. 246 (S.C. Ct. App. 1861).

Pincite

Opinion

The opinion of the Court was delivered by

O’Neall, C. J.

The point, in this case, was decided by the Bank vs. Della Torre, 2 Sp. 501.

The point there decided did not then meet with my concurrence, as will be seen by my dissent, at 512. That expressed my own opinion then and now, and I am happy to have the concurrence now of my brother Johnstone in the same view.

We, however, think while we should be ready to overrule that decision, in a full Court, that it is better now to be governed by it.

The motion is therefore granted.

Johnstone, J., concurred.

Motion granted.

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