Kinder v. Atlantic Coast Lumber Corp.
Supreme Court of South Carolina
Before Prince, J., Kingstree, Action by H. H. Kinder against the Atlantic Coast Lumber Corporation and others. • Defendants appeal from order refusing to dismiss complaint and striking case from the calendar. cite: As to former decision by preceding Judge construing contract: 54 S. C. 582; 43 S. C. 221; 92 S. C. 1; 90 S. C. 229; 88 S. C. 464; 16 S. C. 364. Form or purpose of former construction immaterial: 59 How. Pr. 136; 30 Kan. 234; 93 Am.
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Before Prince, J., Kingstree, Action by H. H. Kinder against the Atlantic Coast Lumber Corporation and others. • Defendants appeal from order refusing to dismiss complaint and striking case from the calendar. cite: As to former decision by preceding Judge construing contract: 54 S. C. 582; 43 S. C. 221; 92 S. C. 1; 90 S. C. 229; 88 S. C. 464; 16 S. C. 364. Form or purpose of former construction immaterial: 59 How. Pr. 136; 30 Kan. 234; 93 Am. St. Rep. 740 ; 57 Red. 980; 35 La. Ann. 553; 16 Abb. Pr. 98. Decision appealable: 83 N. C. 69, 70 and 298; 74 N. C. 324; 34 S. C. 345. Decisions on…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Watts.
This is an appeal from an order of Judge Prince refusing to dismiss the complaint herein and striking the case from the calendar of the Court on the ground that the rights of the parties had been finally settled and determined by an order previously made by Judge Wilson at chambers.
The exceptions raise but one question: Is the order of the Circuit Judge, Wilson, made at chambers on an application for a temporary injunction, construing the deed from plaintiff to the Atlantic Coast Lumber Company, a final adjudication of the rights of…
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