Teague v. Maxwell

Supreme Court of South Carolina

Teague v. Maxwell

10 S.C.L. 200

DecidedMay 15, 1818

StatusPublished

This text of 10 S.C.L. 200 (Teague v. Maxwell) 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

Teague v. Maxwell, 10 S.C.L. 200 (S.C. 1818).

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Opinion

The opinion of the Court was delivered by

Gantt, J.

The Court' are of opinion, that recovery alone, in an action of trover, fixes the right of property in the defendant.¹ That the child in question constituted no part of the former suit. That the identity of the child *is to be considered separate and distinct from that of the mother.² The right of property whereof is still in the plaintiff.

The nonsuit must therefore be set aside, and the case reinstated on the docket.

Grimke, Colcock, Cheves, Nott and Johnson, JJ., concurred.

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The opinion of the Court was delivered by

Gantt, J.

The Court' are of opinion, that recovery alone, in an action of trover, fixes the right of property in the defendant.¹ That the child in question constituted no part of the former suit. That the identity of the child *is to be considered separate and distinct from that of the mother.² The right of property whereof is still in the plaintiff.

The nonsuit must therefore be set aside, and the case reinstated on the docket.

Grimke, Colcock, Cheves, Nott and Johnson, JJ., concurred.

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Bluebook (online)

10 S.C.L. 200, Counsel Stack Legal Research, https://law.counselstack.com/opinion/teague-v-maxwell-sc-1818.