Cantrell v. Fowler

Citations

• 24 S.C. 424
• 1886 S.C. LEXIS 57

Syllabus

<p>1. In the absence of evidence to the contrary, there is a presumption that public officers have done their duty; therefore, when a trial justice had acquired jurisdiction of the subject-matter and the person, a jury may presume that the account sued on in the case before that officer was properly proved.</p> <p>2. A person summoned to answer a claim of one person cannot be bound by a judgment, rendered upon such summons, in favor of another, especially in cases of default; and the firm of A. & B. is a different person in law from the firm of A., B. & Co.</p> <p>3. A judgment constitutes no lien upon the land of the debtor exempt from levy and sale, in the possession either of such debtor or of another person to whom the debtor has conveyed it, whether such land has been admeasured and set off as a homestead or not.</p> <p>Mr. Justice McGowan, dissenting.</p>