Report of Law Cases Determined in the Court of Appeals of South Carolina (1); January Term 1836, April Term 1836, and February Term 1837

Volume: 1 General Books publication date: 2009 Original publication date: 1839 Original Publisher: W. Riley Subjects: Law reports, digests, etc Court rules Law / General Law / Civil Procedure Law / Court Rules Law / Courts Law / Reference Notes: This is a black and white OCR reprint of the original. It has no illustrations and there may be typos or missing text. When you buy the General Books edition of this book you get free trial access to Million-Books.com where you can select from more than a million books for free. Excerpt: The opinion of the judge below, must be reversed, and the demurrer to the indictment sustained. A. P. BUTLER. We concur, HENRY VV. DESAUSSURE. B. J. EARLE, WM. HARPER, JWO. B. O'ISEALL, Absent, Gantt and Johnson. I dissent, because I think the presiding judge construed the act correctly. J. 8. RICHARDSON. Petigru, for the State. S. Cohen aad Mazyck, for Defendant. Thomas Dawson ads. The State. Tried before his Honor Judge Evans, Coosawhatchie, Spring, Term, 1835. This was an indictment, for obstructing a commissioner of the roads, under the 16th section of the Act of 1825, modified by the 23d section of the Act of 1826 -- (vide Acts of 1826, p. 35; and Acts of 1826, pp. 30, 31.) The commissioi. er, Mr. Buckner, had set the hands to sawing out pine-boards, for the bridges on the road passing through defendant's land; and defendant forbade their doing it, and drove them off. The trees they were using were one hundred and fifty yards from the road, and between them and the road there was a plenty of oak-timber. The defendant was willing that the oak- timber should be used; but the commissioner objected to the oak, as that kind of timber would warp when exposed to the sun, and was un. suitable. The defendant admitted that the oak timber was not so suitable, but said he wanted the pine-timber for himself. I charged the jur,-, that under the Act of 1825, the commissioner had a right to use any timber at, or adjacent to, the r...