34 S.C. 345 | S.C. | 1891
The opinion of the court was delivered by
The controversy between these parties had its origin in two papers, bearing date 12th November, 1888, copies of which are set out in the “Case,” both of which were signed by the two Dobsons, Joseph and Henry, defendants herein, purporting to give to the plaintiff liens on the crops of the two Dobsons raised during the year 1889, on certain land of the plaintiff rented to the defendants, for the purpose of secur
Some time in the fall of the year 1889, the plaintiff applied for and obtained from the clerk of the court a warrant for the enforcement of the papers as agricultural liens, which was placed in the hands of the sheriff, who at the same time was appointed agent of the plaintiff, under the mortgage clause in the papers. By virtue of this warrant and his appointment as agent as aforesaid, the sheriff seized the crops of the defendants and the two horses mortgaged, and having sold the crops, an arrangement was made for the release of the horses by the deposit with the sheriff of an amount sufficient, with the proceeds of the sale of the crops,.to pay the claims of the plaintiff, amounting in all to the sum of $683.70, which was left in the hands of the sheriff to await the result of the proceedings. This deposit was made by the defendant, S. L. Knopf, who claimed to hold valid liens on the property of the defendants, and who was permitted to intervene as one of the parties to the proceedings in order to sustain his claims.
After the sale of the crops by the sheriff, and within the time prescribed by the statute, the Dobsons filed their affidavit, accompanied with a notice to the effect that the amount claimed by plaintiff under his alleged agricultural liens was not justly due; but instead of proceeding under the issue thus made up to have the question of the amount due determined, it now appears that the plaintiff commenced what, on its face, appears to be a formal action by summons and complaint against the Dobsons, to which the sheriff was made a party, in which, after alleging that the plaintiff had rented the land to the Dobsons, and also made advances to them, in consideration whereof they had agreed to pay to the plaintiff a specified sum of money, and to secure such pay
Under these pleadings the case was heard by his honor, Judge Hudson, who manifestly was induced to suppose that he was simply trying an issue under the statute as to the amount due under an agricultural lien; for after having held that the papers relied on as agricultural liens could not be so regarded, for the reason that they were not signed by both parties thereto, refused to allow the plaintiff to offer any evidence as to the amount which he claimed to have advanced to the Dobsons, inasmuch as the only question presented by the issue then on trial was whether anything, and if so, how much, had been advanced under the alleged liens, and having determined that the papers offered were not liens, of course, nothing could be due under them; and hence evidence as to what the Dobsons may have been due the plaintiff by open account or otherwise was wholly irrelevant to the issue on trial. But as the lien for rent arose by virtue of the statute, and did not require any agreement, in writing, he instructed the jury that the plaintiff might recover to that extent. Accordingly the jury rendered their verdict in the following form : “We find for the plaintiff two hundred (200) dollars for rent.” Judgment having been entered upon this verdict, the plaintiff appealed, making three questions: 1st. Whether there was error in holding that the papers relied on as such could not be regarded as agricultural liens under the statute, because not signed by the plaintiff. 2nd. Whether there was error in refusing to allow plaintiff to offer evidence tending to show that he had made the advances as claimed. The third question, not being pertinent to
After the judgment of this court was rendered, the .plaintiff commenced a formal action against the Dobsons and the sheriff, to which the other defendant, Knopf, became a party defendant, as above indicated, in which, after narrating the facts above stated more fully and at greater detail than we have deemed it necessary to do, and after alleging that Judge Hudson had, upon the notice of appeal from his rulings, granted an order directing the sheriff to retain in his hands until the further order of the court, the entire sum of $683.70, which included the amount found due for rent, as well as the amount deposited to secure the release of the horses seized under the mortgage, he demands judgment: 1st. That the sheriff pay over to the plaintiff the sum of $200 found due for rent. 2nd. That the papers above referred to and originally relied on as agricultural liens be declared equitable mortagages on the crops, and that an accounting be had of the amount due thereon. 3rd. That the sheriff, after paying the amount found due for rent, be required to apply the balance of the fund in his hands to the amount found due on such accounting. 4th. For such other and further relief as may be just and equitable. And that, in the meantime, the sheriff be enjoined from paying out any of the fund in his hands except the amount found due for rent.
Upon the filing of this complaint, an application was made to his honor, Judge Fraser, at chambers, for an injunction, in conformity to the prayer of the complaint, who granted a rule requiring the defendants to show cause why the injunction demanded should not be granted, and in the meantime restraining the sheriff from paying out the money. Upon hearing the return to this rule, Judge Fraser rescinded the restraining order and refused the motion for injunction, upon the ground that the whole matter was res judicata. From this order the plaintiff appealed, substantially making two questions: 1st. Whether the judge erred in considering the merits on a motion for injunction at chambers. 2nd. Whether there was error in holding the matter to be res adjudie at a. This appeal having been perfected, the plaintiff applied for and
In the face of this, we do not see how it is possible to doubt that the former proceeding was treated by all parties, as well as by both the courts before which it was heard, as a special proceeding under the agricultural lien law, wherein the only issue would be whether anything, and if so, how much, was justly due under the alleged liens, and the question whether anything was due to the plaintiff on any other account would have been wholly irrelevant. This being so, it would certainly be very extraordinary, to say the least of it, to permit either party now to claim that the court, which had been induced, by the act of the parties themselves, to try one issue arising under a special statutory proceeding, had in fact determined other and altogether foreign issues to that raised by such special proceeding. It will be noted that the “Case” agreed upon for the hearing of the former appeal contained no hint even that the proceeding was an ordinary action for the recovery; but, on the contrary, specially characterized it as a special proceeding under the statute, and this “Case” was in express terms consented to by defendants’ attorney, who, in his argument of the present appeal, admits that what he now claims to have been the real nature of the former proceeding was not made known to the court.
■But more than this: when, in the trial of the issue before Judge Hudson, counsel objected to the introduction of any testimony tending to show that the plaintiff had made advances to the defendants, who thereby became indebted to the plaintiff in the amount of such advances, he thereby necessarily assumed that the issue on trial was simply an issue under the special proceeding provided for by the statute to determine whether anything was justly due under the liens, and when the Circuit Court sustained
We are quite sure that Judge Fraser could not have had the former decision of this court before him when he heard the motion ; indeed, it was scarcely possible that he could have had, for the opinion of this court was filed 2nd of July, 1890, and Judge Fraser probably heard the motion on the 18th of that month, the day on which the rule was returnable, and rendered his decision on the 23rd of July, 1890; and after allowing for the ten days during which the remittitur is retained, it would not have been more than barely possible for him to have had the opinion before him on the day fixed for the hearing, and scarcely within the bounds of probability that he could have had it when he rendered his decision.
The judgment of this court is, that the order of Judge Aldrich be affirmed, but that the ruling of Judge Fraser, that the whole matter is res adjudicata, be reversed, and that the case be remanded to the Circuit Court for such further proceedings as may be necessary to carry out the views herein announced, so that both parties may have a full opportunity of establishing their several claims, the one against the other, if they can.