Abrams v. Carlisle

Citations

• 18 S.C. 242
• 1882 S.C. LEXIS 128

Syllabus

<p>In an action for claim and delivery of a mule, the trial justice rendered judgment for plaintiff and notified counsel, and on same day issued his execution under ivhich the constable at once seized the mule and delivered it to plaintiff; defendant on same day demanded of the trial justice a return of the property, and within five days afterwards moved for a new trial, which was granted. Afterwards this defendant sued the trial justice for damages. Held—</p> <p>1. That the process having been executed and a new trial granted, the trial, justice had no authority to undo what the constable had done.</p> <p>2. Has a trial justice the right to have his execution executed within the.five days allowed for appeal or motion for new trial?</p> <p>8. In issuing his execution the trial justice acted judicially, and is not, therefore, liable in damages, unless it was done willfully or corruptly. McCall v. Cohen, 16 S. C. 445.</p>