Legal Opinion

Andrews v. Sumter Commercial & Real Estate Co.

Supreme Court of South Carolina

Decided December 1, 1910No. 7726PublishedCited by 6 opinions

Before Wirson, J., Sumter, December, 1900. Action by W. T. Andrews against Sumter Commercial and Real Estate Company, its officers and majority stockholders.

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Before Wirson, J., Sumter, December, 1900. Action by W. T. Andrews against Sumter Commercial and Real Estate Company, its officers and majority stockholders. Defendants appeal from temporary injunction order of Judge Wilson and order of Mr. Justice Woods modifying the order of Judge Wilson. cite: Circuit Judge at chambers is without power to make an order permanent and perpetual in its nature on ex parte application: Con., Art. I, Sec. 5; Code of Proc. 240, 244. Order dispossesses grantee without hearing: 9 S. C. 303; 27 S. C. 408; 37 S. C. 227; 12 Rich. Eq. 108; 14 Rich. L. 96. The order has…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Hydrick.

The plaintiff, a minority stockholder of the defendant corporation, Sumter Commercial and Real Estate Company, brought this- action to enjoin the sale of the real estate of the corporation to E. R. Wilson, another of the stockholders.

The allegations of the complaint are that the company owns a lot in the city of Sumter, with buildings thereon, worth over $20,000; that defendant, Thomas Wilson, having previously bought a majority o-f the stock, had himself and his co-defendants elected directors and officers of the company at the…

2Cases cited5 opinions

  1. Hays v. HeatherlyWest Virginia Supreme Court · 1892
  2. Stahn v. Catawba MillsSupreme Court of South Carolina · 1898
  3. Roberts v. MooreSupreme Court of Georgia · 1901
  4. Jordan v. WilsonSupreme Court of South Carolina · 1904
  5. State Ex Rel. Bruce v. RiceSupreme Court of South Carolina · 1903

3Cited by6 opinions

  1. Hofer v. St. ClairSupreme Court of South Carolina · 1989
  2. Ex Parte JonesSupreme Court of South Carolina · 1931
  3. County Council of Charleston v. FelkelSupreme Court of South Carolina · 1964
  4. Cuttino v. LenoirSupreme Court of South Carolina · 1978
  5. Ex parte JonesSupreme Court of South Carolina · 1931

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