Rushton v. Woodham
Supreme Court of South Carolina
Before Ki,ugh, J., Darlington, December, 1902. Action by J. E. Rushton ágainst J. M. Woodman et al. From Circuit decree, defendants appeal. cite: Did Court of Darlington have jurisdiction? 23 Stat., 1194; 16 S. C., 276; 23 Wall., 405; 59 S. C., 232; 53 S. C., 198; -28 S. C., 313. As to intent of plaintiff in accepting usurious interest: 27 S. C., 341. cites: As to jurisdiction: 19 5. C., 219; 61 S. C., 73, 512; 51 S. C., 399. As to usury: 1 McC., 145; 27 Ency., 1 ed., 992;…
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Before Ki,ugh, J., Darlington, December, 1902. Action by J. E. Rushton ágainst J. M. Woodman et al. From Circuit decree, defendants appeal. cite: Did Court of Darlington have jurisdiction? 23 Stat., 1194; 16 S. C., 276; 23 Wall., 405; 59 S. C., 232; 53 S. C., 198; -28 S. C., 313. As to intent of plaintiff in accepting usurious interest: 27 S. C., 341. cites: As to jurisdiction: 19 5. C., 219; 61 S. C., 73, 512; 51 S. C., 399. As to usury: 1 McC., 145; 27 Ency., 1 ed., 992; 55 S. C., 316.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
This action for the foreclosure of a> mortgage of real estate was commenced July 30th, 1900. The only defense set up in the answer was usury. An order was made September 26th, 1901, referring the cause to T. H. Spain, Esq., master, to take testimony and report his conclusions of law and fact. The master made his report, November 15th, 1902, finding that there was no usury, and recommending judgment in the full amount claimed by the plaintiff. This report came up for consideration on defendants’ exceptions, December 6th, 1902, in the…
2Cases cited4 opinions
- Mitchell v. OvermanSupreme Court of the United States · 1881
- Calhoun v. Port Royal &c. Railway Co.Supreme Court of South Carolina · 1894
- State v. FullmoreSupreme Court of South Carolina · 1896
- Aultman v. UtseySupreme Court of South Carolina · 1891
3Cited by6 opinions
- Rhodes v. Southern Ry. Co.Supreme Court of South Carolina · 1927
- First Carolinas Joint Stock Land Bank v. KnottsSupreme Court of South Carolina · 1939
- Burns v. BabbSupreme Court of South Carolina · 1939
- Merchants & Planters' Bank v. SarrattSupreme Court of South Carolina · 1907
- Plyler v. McGeeSupreme Court of South Carolina · 1907
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