Haygood v. Boney

Citations

• 43 S.C. 63
• 20 S.E. 803
• 1895 S.C. LEXIS 130

Syllabus

<p>1. Contract — Counter-Claim for Tort. — Where a laborer contracts to take good care of his employer’s stock, a counter-claim for damages for the death of a horse of the master caused by the cruel treatment of the laborer while working it, may be interposed as a counter-claim to an action by the laborer against the master for balance due for his services under such contract.</p> <p>2. Trial Justice — Counter-Claim—Jurisdiction.—In action on demand within the jurisdiction of a trial justice, such officer is without jurisdiction to pass upon a counter-claim where the sum claimed by defendant exceeds $100 ; but defendant may bring his counter-claim within such jurisdiction by reducing his claim to $100.</p> <p>3. Amendment on Appeal. — -Case remanded, with leave to defendant to amend his counter-claim.</p>