Buckner v. Ruth

Decided April 15, 1861

Court of Appeals of South Carolina · decided 1861-04-15

BEFORE MUNRO, J., AT BEAUFORT, JUNE TERM, 1860. The report of his Honor, the presiding Judge, is as follows: “ This was an action of debt on bond, a copy of which must be printed with this report. The defendant, for defence, set up under the plea of ‘non est factum/ and notice under A. A. 1831, 6 Stat. 438 ; that the condition of the bond was immoral: looking to the future separation of ^ husband and wife.

Decided 1861-04-15

Per Curiam.

¶1In this case we are entirely satisfied with the ruling of the Judge below, and the verdict of the jury.

¶2The motion for a new trial is therefore dismissed.

O’Neall, C. J., Johnstone, J., and Wardlaw, J., concurring.

¶3Motion refused.