Joplin v. Carrier

Citations

• 11 S.C. 327
• 1879 S.C. LEXIS 6

Syllabus

<p>1. Where a party obtains property under the pretext of hiring it, but for the real purpose of taking it to another state, there to be subjected to an attachment under legal process for a debt due him, it is a naked trespass ab initio, and he is liable to the 'owner in an action of replevin.</p> <p>'2. In an action commenced in a trial justice’s court, judgment may be given for the value of personal property converted, although the demand is only for its recovery and damages for its detention.</p> <p>■8. This court cannot consider the objection that damages are excessive.</p> <p>4. The failure of a Circuit judge to state his conclusions of law and fact ’ separately, the merits not being thereby affected, is not a ground for a reversal of judgment.</p>