Elwell v. Bradham

Citations

• 29 S.C.L. 168

Syllabus

<p>1. Defendants, two of whom, were deputy sheriffs, took from the arms of plaintiff a negro child, under the mistaken supposition that the child belonged to plaintiff’s husband, and with a view of executing against him writs of fi. fa. but did not use more violence than was necessary to possess themselves of the property. Verdict for defendants. Although plaintiff was entitled to a verdict for the injury to her person, yet that being of the slightest character, the Court refused to order the case back, merely to have entered a verdict for nominal damages.</p> <p>2. Where the ends of justice have been answered, and there has been no misdirection on the part of the judge, the Court will not, on a mere apex juris, order a case hack.</p> <p>3. Debruhl vs. Dinkins, 2 Nottand M’Cord, 85, considered.</p>