Harby v. Wells

Citations

• 52 S.C. 156
• 29 S.E. 563
• 1898 S.C. LEXIS 61

Syllabus

<p>1. Amendments. — A magistrate may allow a pleading amended before, at, or during trial.</p> <p>2. Nonsuit. — There was sufficient testimony to prevent a nonsuit.</p> <p>3. STOCK Animats — Lien.—A contract with the owner of a stock animal, in order to give him a lien on the issue, under sec. 2523 of Rev. Stát., need not be in writing.</p> <p>4. Time. — Courts take judicial notice of the time embraced within certain limits.</p> <p>5. Magistrate — Practice.—A magistrate may recall a witness to refresh his memory as to the testimony, even after motion for nonsuit.</p> <p>6. Judgment. — Pleadings may be referred to to explain an indefinite judgment.</p> <p>7. Ibid. — This judgment construed not to be a money judgment against appellant, but only a lien on the colt in his possession.</p> <p>8. Stock Animáis — Notice—Lien.—One purchasing a mare with notice that she had been served by a stallion, is bound to take notice that Re.v. Stat., 2523, gives the owner of the horse a lien on the issue for the service fees.</p> <p>9. Magistrate — Equity.—An action under Rev. Stat., 2523, to enforce a lien against the issue of animals for the service fees of a stock animal, is a proceeding in equity, and a magistrate has no jurisdiction. Dicta.</p>