[DOWNLOAD] "Reeves v. Agee" by South Carolina Supreme Court * Book PDF Kindle ePub Free

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eBook details

• Title: Reeves v. Agee
• Author : South Carolina Supreme Court
• Release Date : January 14, 1989
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 69 KB

Description

1 In a malicious prosecution action, in which judgment was rendered on the defendants demurrers to the petition and the plaintiffs new trial motion was denied, the issues presented for decision are: 1) Were the errors committed in the malicious prosecution suit preserved for our review by specific allegations in the plaintiffs new trial motion or by argument presented in open court and without objection at the hearing of that motion? 2) Were the present plaintiffs a "prevailing party" in the former suit, with legal status to bring a malicious prosecution action? 3) Was the challenged malicious prosecution petition vulnerable to defendant-Agees demurrer for want of an allegation that the antecedent suit had been brought without probable cause? 4) Was the petition facially untimely under the applicable statute of limitations? 5) Was the defendants interposition of a supervening-cause barrier to the plaintiffs claim available as a ground for demurrer to the petition? and 6) Were errors in ruling on the slander-of-title theory of recovery preserved for our review? We answer the first and second questions in the affirmative, and the third, fourth, fifth and sixth in the negative.

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