edwards v south carolina
October 1, 2020 12:45 pm Leave your thoughts
0:42; See All. Accordingly, judgment was ordered in favor of plaintiff for the sum of $1,797.71, together with interest at six per cent from February 11, 1959, against each of the defendants individually; and they now appeal, contending first that the Court erred in admitting into evidence the U. S. Official Census returns of 1920 which contained information relative to plaintiff. It may be assumed that the information *91 furnished from the census files upon request of a private individual reflects the truth.
The defendants answered in due time, denying that their father was also the father of plaintiff. Plaintiff and defendants are all members of one set, the children of William S. Edwards. See also Priddy et al.
Distribution was made to the defendants, one-fifteenth each, on February 11, 1959. Raiders vs Bills Allegiant Stadium - Sun 10/4 Tickets as low as $330. 5, Sec.
James Edwards, Jr. Appellee.
The personal property of the estate was distributed to the nephews and nieces, one-third to each set.
The use of the census is prohibited when the information obtained is detrimental of the persons to whom such information relates, and defendants contend that this report was detrimental to them in violation of the provisions of the Act in that it was used to their detriment and refer to it as being highly damaging and having considerable bearing on the verdict.
In this they have suffered no detriment within the contemplation of the Act. Besides this fund, which was distributed, the deceased James M. Edwards was the beneficiary of a trust fund established by his father. The Supreme Court declared that the students' convictions violated their rights of free speech, free assembly, and the freedom to petition government for redress of grievances. The crowd of petitioners did not engage in any violent conduct and did not threaten violence in any manner, nor did crowds gathering to witness the demonstration engage in any such behavior. Petitioners were told by police officials that they must disperse within 15 minutes or face arrest. William M. Edwards, a defendant here, but trustee and plaintiff in the suit over the trust assets testified that if Waites were entitled to a share, the witness' share would be reduced from $60,000.00 to $50,000.00. Receive free daily summaries of new opinions from the South Carolina Supreme Court.
When James M. Edwards died, he left surviving him three sets of nephews and nieces, the children of three predeceased brothers. At 6:30 P.M. they reported that they were unable to agree on a verdict, and the Court instructed them to deliberate further. The distributees of the trust corpus and the takers of James M. Edwards' estate therefore are identical parties. This was a protest to the Legislative and citizens of South Carolina on the laws and discriminatory actions against students of different color. So, I'm putting it right straight up to you, see what you can do with it, Gentlemen. On the morning of 2 March 1961, roughly 200 African American high school and college students assembled at the Zion Baptist Church in Columbia, South Carolina.
*94 Defendants next contend that the verdict was contrary to the preponderance of the evidence.
He had been non compos mentis most or all of his life, had never married, and left as his heirs his nephews and nieces. When the students responded by singing "The Star Spangled Banner" and other patriotic and religious songs, they were arrested and charged with breaching the peace, a crime under the common law of South Carolina. Waites T. EDWARDS, Respondent, Title 13 U.S.C.A. William S. Edwards married Mamie Taylor in August, 1915. "[3][4], List of United States Supreme Court cases, List of United States Supreme Court cases by the Warren Court, List of United States Supreme Court cases involving the First Amendment, List of United States Supreme Court cases, volume 372, "Edwards v. South Carolina - 372 U.S. 229 (1963)", "Supreme Court Case: Edwards v. South Carolina, 1963", https://en.wikipedia.org/w/index.php?title=Edwards_v._South_Carolina&oldid=972549903, Creative Commons Attribution-ShareAlike License. Edwards v. South Carolina , 372 U.S. 229 (1963), was a case in which the Supreme Court of the United States held that the First and Fourteenth Amendments to the U.S. Constitution forbade state government officials to force a crowd to disperse when they are otherwise legally marching in front of a state house. And subsection (c) of Section 8 provides: "In no case shall information furnished under the authority of this section be used to the detriment of the persons to whom such information relates.".
The records, therefore, were not made merely for the purpose of ascertaining and recording facts appearing thereon but are made by officers under oath, whose declarations are proof upon the subject of pedigree, etc., Flora v. Anderson, C.C., 75 F. 217.
The 187 petitioners consisted of African-American high school and college students who peacefully assembled at the Zion Baptist Church in Columbia, South Carolina on March 2, 1961. The assets of the trust fund were to be held during the life of James M. Edwards and applied for his benefit. For the foregoing reasons we are of opinion that all exceptions should be dismissed and the judgment appealed from affirmed, and it is so ordered. Upon trial the Court reserved all issues of law and submitted to the jury the question: "Was William S. Edwards the father of Waites T. At 12:45 A.M. on June 25, they again reported that they were unable to agree. If Waites T. Edwards is successful on that issue, each of the defendants here will have his share of the corpus of the trust fund reduced. Upon the death of the beneficiary, the trust provided for the assets to be distributed among the heirs of the beneficiary. But if they return a second time without having agreed upon a verdict they shall not be sent out again without their own consent unless they shall ask from the court some further explanation of the law.". All Rights Reserved Following the marriage, six children were born to William S. and Mamie Taylor Edwards.
The question of the relationship of the defendants to each other and to the parents was *90 undisputed and not before the Court, the only question being the parentage and relationship of the plaintiff. The use of such information to the detriment of those to whom it relates does not mean detriment in the sense of a financial loss flowing from establishing the truth in a Court of law.
--- Decided: Feb 25, 1963. An examination of what transpired reveals that the Judge, after instructing the jury as to why it was important that they find a verdict, concluded with these words: "* * * I'm going to ask you in all seriousness, Gentlemen, to make one more attempt at this case.
Edwards v. South Carolina Significance. 4, Constitution of the State of South Carolina, 1895, and an Order based on a question of fact or upon both law and fact is not appealable; see Appeal & Error, South Carolina Digest, Secs. OXNER, LEGGE, MOSS and LEWIS, JJ., concur.
After further instructions, they returned to the jury room for deliberation and at 1:05 A.M., on June 25, returned a verdict answering in the affirmative the question set out above.
45; State v. Simon, 126 S.C. 437, 120 S.E. Opinion of the Court EDWARDS V. SOUTH CAROLINA 1963 Impact of the Case The case was tried during the time was of the Civil Rights Movement. His net personal estate amounted to $161,388.91. Edwards?" State governments must protect First Amendment rights through the Fourteenth Amendment. On the morning of 2 March 1961, roughly 200 African American high school and college students assembled at the Zion Baptist Church in Columbia, South Carolina. They proceeded to walk, in groups of 15, to the nearby state house grounds, an area open to the public. Terms of Use, Edwards v. South Carolina - Uncodified Breach Of Peace Crime Held Not A "time, Place, And Manner" Restriction, Law Library - American Law and Legal Information, Notable Trials and Court Cases - 1963 to 1972, Edwards v. South Carolina - Significance, Uncodified Breach Of Peace Crime Held Not A "time, Place, And Manner" Restriction. A brother of William S. Edwards, James M. Edwards, died intestate on April 9, 1958. *87 Messrs. Thomas A. Wofford and Theodore A. Snyder, Jr., of Greenville, for Respondent. Plaintiff, having obtained this information concerning himself, introduced it into the record over defendants' objection. 1055, 9 L.R.A., N.S., 718.
If plaintiff is the son of William S. Edwards and a full brother of defendants, he is entitled to an equal share and they have not been deprived of anything that was lawfully theirs but only that which they had no lawful right to claim as theirs.
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