M'Daniel v. Scoggins

Supreme Court of South Carolina
M'Daniel v. Scoggins, 9 S.C.L. 227 (S.C. 1818)
Bay, Cheves, Gantt, Grimm, Johnson

M'Daniel v. Scoggins

Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gantt.

As the law requires that the plaintiff, in a proceeding of this kind, shall distinctly state the circumstances of his case, and as no mention was made therein of this second promise, I am clearly of opinion that no evidence of such promise ought to have been permitted to go to the Jury.

A new trial should be had in the case.

GrimM, Bay, Johnson, and Cheves, J. concurred.

Reference

Full Case Name
Thomas M'Daniel against John Scoggins
Status
Published