State v. Fife

Court of Appeals of South Carolina

State v. Fife

18 S.C.L. 337

DecidedMay 15, 1831

StatusPublished

This text of 18 S.C.L. 337 (State v. Fife) 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

State v. Fife, 18 S.C.L. 337 (S.C. Ct. App. 1831).

Pincite

Opinion

Harper, J.

delivered the opinion of the Court.

No exception is taken to the form of the proceeding. The ground chiefly relied on, is, that James Fife was not indebted at the time of confessing the judgment to defendant; and that the case does not come within the decisions which have been made upon the statute of 13 Eliz. c. 5. We think however, that the jury might very well have concluded, that it was confessed with a view to a future debt, and if the judgment was fraudulently confessed, it was void independently of the statute of Elizabeth.

Motion refused.

Free access — add to your briefcase to read the full text and ask questions with AI

Harper, J.

delivered the opinion of the Court.

No exception is taken to the form of the proceeding. The ground chiefly relied on, is, that James Fife was not indebted at the time of confessing the judgment to defendant; and that the case does not come within the decisions which have been made upon the statute of 13 Eliz. c. 5. We think however, that the jury might very well have concluded, that it was confessed with a view to a future debt, and if the judgment was fraudulently confessed, it was void independently of the statute of Elizabeth.

Motion refused.

Cite This Page — Counsel Stack

Bluebook (online)

18 S.C.L. 337, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-fife-scctapp-1831.