96 S.E. 251 (S.C. 1918), 9978, Williams v. Howard

• Docket Nº: 9978.
• Citation: 96 S.E. 251, 110 S.C. 82
• Opinion Judge: WATTS, J.
• Party Name: WILLIAMS v. HOWARD, SHERIFF, ET AL.
• Attorney: James E. Davis, of Barnwell, for appellant. J. B. Salley, of Aiken, for respondents.
• Case Date: June 22, 1918
• Court: Supreme Court of South Carolina

Page 251

96 S.E. 251 (S.C. 1918)

110 S.C. 82

WILLIAMS

v.

HOWARD, SHERIFF, ET AL.

No. 9978.

Supreme Court of South Carolina

June 22, 1918

Appeal from Common Pleas Circuit Court of Aiken County; Thomas S. Sease, Judge.

Action by J. W. Williams against H. H. Howard, Sheriff of Aiken County, and S.E. Holley. Judgment for defendants, and plaintiff appeals. Affirmed.

James E. Davis, of Barnwell, for appellant.

J. B. Salley, of Aiken, for respondents.

WATTS, J.

This is an action for damages. The plaintiff alleged that his store was searched by the defendants under a pretext that they were searching for contraband liquor, that they had no warrant, and their actions were unlawful, wanton, and malicious. Defendants by answer admit that they

Page 252

did search plaintiff's store for contraband liquor, the place being [110 S.C. 83] reported to them, but they allege that the search and examination of the store were made by them with the express consent of the plaintiff acting through his employé, who was in charge of the premises. The case was tried at the fall term of court, 1917, for Aiken county, before Judge Sease and a jury, and resulted in a verdict in favor of defendants. After entry of judgment plaintiff appeals, and by three exceptions allege error.

The main question raised by the exceptions is: Did the defendants have the right to go in plaintiff's store and search it without a warrant, and with no other authority whatever except that of the clerk in charge of the store, who stated that, "So far as he was concerned, they could search," etc.? The evidence shows that the plaintiff had two stores, one at White Pond and one at Williston; that he lived at White Pond, but would go down to Williston every morning and stay there during the day and return home at night; that his brother, Tillman A. Williams, was left in sole charge of the store at White Pond, and ran the White Pond store for plaintiff. The sheriff and his deputies searched the store of Arthur Bell, and Bell reported to the sheriff that plaintiff had liquor in his store at White Pond, and complained that the sheriff did not search plaintiff's store. The sheriff and his deputy went to Williams' store, found the brother, T. A. Williams, in charge, and stated to him that the place had been reported to him as containing contraband liquor; that he had no warrant, and could not search it if he...