Reports of Cases Heard and Determined by the Supreme Court of South Carolina, Volume 115 |
From inside the book
Results 1-5 of 93
Page 22
... complaint and a recommittal of the case to the master . To have allowed this amendment would have changed the cause of 5 action . The cause of action alleged in the com- plaint was based upon the contract set forth therein . The ...
... complaint and a recommittal of the case to the master . To have allowed this amendment would have changed the cause of 5 action . The cause of action alleged in the com- plaint was based upon the contract set forth therein . The ...
Page 23
... complaint , the plaintiff appeals . The complaint was as follows : " The plaintiff shows to the Court : " First . That Chas . Mullinax , son of plaintiff , died intes- tate in Cherokee county , S. C. , on June 17 , 1919 , and left ...
... complaint , the plaintiff appeals . The complaint was as follows : " The plaintiff shows to the Court : " First . That Chas . Mullinax , son of plaintiff , died intes- tate in Cherokee county , S. C. , on June 17 , 1919 , and left ...
Page 24
... Complaint - Circuit Order [ 115 S. C. overloaded with rock and rendered unsafe , over which said Chas . Mullinax had no control on account of his duress , no knowledge on account of his age , and was not given a safe place to work , but ...
... Complaint - Circuit Order [ 115 S. C. overloaded with rock and rendered unsafe , over which said Chas . Mullinax had no control on account of his duress , no knowledge on account of his age , and was not given a safe place to work , but ...
Page 25
... complaint attempts to state a cause of action against the Cherokee County High- way Commission , for the reason that the said commission is a governmental agency , and as such is not liable in action for tort in the absence of a statute ...
... complaint attempts to state a cause of action against the Cherokee County High- way Commission , for the reason that the said commission is a governmental agency , and as such is not liable in action for tort in the absence of a statute ...
Page 26
... complaint , that it could be sued and judgment obtained for negligently and wilfully taking the property of plaintiff and his children . " Third . When he reserved to the defendants the right to demur specifically to the complaint on ...
... complaint , that it could be sued and judgment obtained for negligently and wilfully taking the property of plaintiff and his children . " Third . When he reserved to the defendants the right to demur specifically to the complaint on ...
Contents
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Other editions - View all
Common terms and phrases
affirmed agent alleged answer April Term attorney bill of lading bond carrier cause of action Cherokee County CHIEF JUSTICE GARY Circuit Judge cite claim Coast Line Code complaint concur contract contributory negligence conveyed cotton Court of equity Court was delivered damages death deceased December 20 decree deed defendant appeals defendant's demurrer direct a verdict directed verdict duty entitled equity error evidence exceptions fact GAGE grantee grantor ground held Honor erred husband injury intention issue judgment JUSTICE FRASER JUSTICE WATTS JUSTICES HYDRICK killing land liability manslaughter ment Messrs Middleton Place mortgage motion mutual mistake negligence nonsuit October Term opinion overruled parties plaintiff possession presiding Judge purchase question railroad Railway reason reformation refused res adjudicata respondent reversed rule shipment South Carolina Sovereign Camp statute Strob surety sustained testimony thereof timber tion tract trial trust wife witness
Popular passages
Page 27 - Be it therefore enacted, that whensoever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...
Page 51 - A holder in due course is a holder who has taken the instrument under the following conditions: (1) That it is complete and regular upon its face; (2) That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact; (3) That he took it in good faith and for value; (4) That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it.
Page 563 - The objection, that the action was not commenced within the time limited, can be taken only by answer.
Page 482 - ... thereof, and all the estate, right, title, interest, inheritance...
Page 482 - TOGETHER with all and singular the tenements, hereditaments, and appurtenances thereunto belonging or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and also all the estate, right, title, interest...
Page 290 - The Court may change the place of trial in the following cases : 1. When the County designated for that purpose in the complaint is not the proper County ; 2. When there is reason to believe that an impartial trial cannot be had therein ; 3. When the convenience of witnesses and the ends of justice would be promoted by the change.
Page 225 - Claims for loss, damage, or delay must be made in writing to the carrier at the point of delivery or at the point of origin within four months after delivery of the property, or in case of failure to make delivery, then within four months after a reasonable time for delivery has elapsed. Unless claims are so made, the carrier shall not be liable.
Page 523 - We are of opinion that the judge presiding at the trial was right and that the Supreme Court was wrong. Even if there had been any duty on the part of the Telegraph Company to confine the transmission to North Carolina, it did not do so. The transmission of a message through two states is interstate commerce as a matter of fact.
Page 51 - ... and that at the time the bill was negotiated to him he had no notice of any defect in the title of the person who negotiated it.
Page 31 - This Is an action for damages, alleged to have been sustained by the plaintiff, through the...