The Southeastern Reporter Volume 51 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906 Excerpt: ...question is considered In connection with the other portions thereof, It will be found that It is free from the error assigned. It is the judgment of this court that the judgment of the circuit court be reversed, and the case remanded to that court for a new trial. WOODS, J. (concurring). While I do not think contributory negligence was properly pleaded In the answer according to the rule laid down in Charplng v. Toxaway Mill, 70 8. C. 470, 50 S. E. 186, I concur in reversing the Judgment because the evidence as to the Intoxication of the plaintiff at the time of the accident was admissible in support of the plea that the accident was due entirely to his own negligence, and also as tending to prove lack of accuracy in the statement of the plaintiff as to the circumstances under which he was injured. KETCHIN v. RION et al. (Supreme Court of South Carolina. July 17, 1905.) L Executobs--Compensation--AttorNey's Fees. An executor sued to construe the will and to have his powers and duties defined. The will undertook to carry into effect the powers vested in the testator by a former will. The court held that the will did not execute the powers conferred on the testator by the former will, and appointed an administrator with the will annexed for the first estate. Held, that the executor was entitled to commissions on such funds as had come into his hands belonging to the first estate and his reasonable attorney's fees. Pope, C. J., dissenting. Appeal from Common Pleas Circuit Court of Fairfield County; Gage, Judge. Action by Thos. H. Ketchin, executor of Mary C. Rlon, against Preston Rion and others. From an order of the circuit court the defendants, M. H. Rlon, as administratrix with will annexed of J. H. Rion and Individually, Lucy Rlon Boozer, Hanna Rlon Willi...