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2 S.C.L. 405

Reigne v. Dewees

Court of Appeals of South Carolina · decided 1802-07-01

In this case, the plaintiff had obtained an interlocutory order for judgment, and gave out his case to the jury on a writ of inquiry, who found a verdict for the defendant.

Decided 1802-07-01

Per Curiam.

¶1The defendant’s not pleading to an action, but suffering judgment to go against him by default, is a tacit admission in law that something is due; and the jury *406are bound to give some damages if ever so small, even one cent, as laid down in 3 Black. 398. 1 Har. K. B. 190. 2 Str. 1259.

¶2Verdict set aside, with permission to plaintiff to send his cause to another jury.

Present, Grimke, Johnson and Trezevant.
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