Underwood v. Sims

Court of Appeals of South Carolina

Underwood v. Sims

18 S.C.L. 81

DecidedJanuary 15, 1831

StatusPublished

This text of 18 S.C.L. 81 (Underwood v. Sims) 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

Underwood v. Sims, 18 S.C.L. 81 (S.C. Ct. App. 1831).

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Opinion

And per curiam.

The rule of Court has been declared obsojete> Judge v. Cloud, 4 M’C. 235, and the defendant’s plea was tantamount to the general issue. It is not as in trespass : Here the gist of the action is the title : but still it has been held over and over again, that the plaintiff must prove an actual trespass by the defendant, in order to enable him to maintain the action. 2 Bay, 421. 1 M’C. 466.

Motion for new trial, on the .ground of misdirection by Mr. Justice O’Neall, at Union, Spring Term, 1830, refused.

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And per curiam.

The rule of Court has been declared obsojete> Judge v. Cloud, 4 M’C. 235, and the defendant’s plea was tantamount to the general issue. It is not as in trespass : Here the gist of the action is the title : but still it has been held over and over again, that the plaintiff must prove an actual trespass by the defendant, in order to enable him to maintain the action. 2 Bay, 421. 1 M’C. 466.

Motion for new trial, on the .ground of misdirection by Mr. Justice O’Neall, at Union, Spring Term, 1830, refused.

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Bluebook (online)

18 S.C.L. 81, Counsel Stack Legal Research, https://law.counselstack.com/opinion/underwood-v-sims-scctapp-1831.