Legal Opinion

Jackson v. South Carolina Colored State Fair Ass'n

Supreme Court of South Carolina

Decided May 14, 1918No. 9971PublishedCited by 8 opinions

Before PeuriEoy, J., Richland, Fall term, 1917. This was an action by the plaintiffs, stockholders of the defendant corporation, for an accounting and the appointment of a receiver. A temporary restraining order was granted by Judge M. T. Smith at the time of the service of the summons and ■complaint. . Subsequently plaintiffs gave notice of a motion for the appointment of a receiver and a continuance of the restraining order.

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Before PeuriEoy, J., Richland, Fall term, 1917. This was an action by the plaintiffs, stockholders of the defendant corporation, for an accounting and the appointment of a receiver. A temporary restraining order was granted by Judge M. T. Smith at the time of the service of the summons and ■complaint. . Subsequently plaintiffs gave notice of a motion for the appointment of a receiver and a continuance of the restraining order. The matter came on to be heard before Judge Peurifoy, and, after hearing, he passed an order refusing the appointment of a receiver and refusing to continue the…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Watts.

This is an appeal from an order of his Honor, Judge Peurifoy, refusing to appoint a receiver and refusing to ■continue an ex parte témpora^ restraining order granted by his Honor, Judge M. T. Smith.

1, 2 His Honor, Judge Peurifoy, inquired into the facts of the case sufficiently for the purpose, not of deciding the case on its merits, but to determine whether or not in the exercise of his discretion he would appoint or refuse to appoint a receiver and grant the temporary restraining order asked for. This he had clearly the right to do,…

2Cited by8 opinions

  1. Leisnoi, Inc. v. Merdes & Merdes, P.C.Alaska Supreme Court · 2013
  2. Perpetual Building And Loan Association v. Series Directors Of Equitable Building And Loan AssociationCourt of Appeals for the Fourth Circuit · 1954
  3. Perpetual Building & Loan Ass'n v. Series Directors of Equitable Building & Loan Ass'nCourt of Appeals for the Fourth Circuit · 1954
  4. Ribero v. CallawayCalifornia Court of Appeal · 1948
  5. Ex Parte Citizens' Exchange BankSupreme Court of South Carolina · 1927

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