# Madden v. Madden

> Supreme Court of South Carolina · May 15, 1818 · 9 S.C.L. 350

URL: https://www.frixlaw.com/law-library/cases/8359523

## Case

- **Full name:** David Madden against Abraham Madden
- **Court:** Supreme Court of South Carolina
- **Decided:** May 15, 1818
- **Citations:** 9 S.C.L. 350
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Grimke
- **Judges:** Cheves, Colcoclc, Gantt, Grimke, Johnson, Mott
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8359523

## Opinion text

The opinion of the Court was delivered by
Mr. Justice Grimke.
I am of opinion, that the decision was incorrect; for after a debt is once barred by the statute, it is extinct, unless taken out of it by some act or acknowledgment of the debtor; and that the defendant could not succeed in any action he might have brought on it, without such act or acknowledgment; but none such was here proved. A new trial must, therefore, be granted, unless the defendant release that part of the verdict which gives him the forty-nine dollars as his discount.
Colcoclc, Mott, Cheves, Gantt, and Johnson, X concurred.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8359523. Public record. Not legal advice.