Elder v. Greene

Citations

• 34 S.C. 154
• 13 S.E. 323
• 1891 S.C. LEXIS 33

Syllabus

<p>1. Evidence — Claim and Delivery — Jurisdiction.—Defendants to this action obtained possession of plaintiff’s horse on giving a bond in their action of claim and delivery which was dismissed by the trial justice for want of jurisdiction ; and the return of the horse was ordered by the trial justice. Plaintiffs then sued defendants. If this action was for trespass, testimony was admissible to prove defendants’ title ; but if on the bond, title was not involved, and such testimony was inadmissible — not, however, upon the ground that the question of title had been settled.</p> <p>2. Claim and Delivery — Jurisdiction.—The trial justice being without jurisdiction, his order that the horse be returned was void, and a failure to return the horse was no breach of the condition of the bond which required such return when “adjudged by any competent authority.”</p> <p>3. This Case Distinguished from Cavender v. Ward, 28 S. 0., 470.</p> <p>4. Amendments. — Case remanded with leave to move for an amendment of the complaint.</p>